Herron v. Horry County South Carolina et al

Filing 45

ORDER RULING ON REPORT AND RECOMMENDATIONS. It is hereby ORDERED that the Magistrate Judges Report and Recommendation is ACCEPTED 34 . The complaint is therefore DISMISSED as against Defendant J. Reuben Long Detention Center without prejudice and without issuance and service of process. Signed by Honorable Terry L Wooten on 10/26/2011. (dsto, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA FLORENCE DIVISION Joseph Herron, Plaintiff, vs. Horry County, South Carolina, et al., Defendants. ____________________________________ ) ) ) ) ) ) ) ) ) ) Civil Action No. 4:11-1377-TLW-TER ORDER On June 6, 2011, the Plaintiff, Joseph Herron (“Plaintiff”), proceeding pro se, filed this civil action pursuant to 42 U.S.C. § 1983. (Doc. #2). The matter now comes before this Court for review of the Report and Recommendation (“the Report”) filed by Magistrate Judge Thomas E. Rogers, III, to whom this case had previously been assigned. In the Report, the Magistrate Judge recommends that Plaintiff’s complaint be dismissed as against Defendant J. Reuben Long Detention Center without prejudice and without issuance and service of process pursuant to 28 U.S.C. § 1915(e)(2)(B)(i) and (ii). (Doc. #34). Objections were due on October 11, 2011. Plaintiff has filed no objections to the Report. This Court is charged with conducting a de novo review of any portion of the Magistrate Judge’s Report and Recommendation to which a specific objection is registered, and may accept, reject, or modify, in whole or in part, the recommendations contained in that Report. 28 U.S.C. § 636. In the absence of objections to the Report and Recommendation of the Magistrate Judge, this Court is not required to give any explanation for adopting the recommendation. See Camby v. Davis, 718 F.2d 198, 199 (4th Cir. 1983). The Court has carefully reviewed the Magistrate Judge’s Report and Recommendation. For the reasons articulated by the Magistrate Judge, it is hereby ORDERED that the Magistrate Judge’s Report and Recommendation is ACCEPTED. (Doc. #34). The complaint is therefore DISMISSED as against Defendant J. Reuben Long Detention Center without prejudice and without issuance and service of process. IT IS SO ORDERED. October 26, 2011 Florence, South Carolina __s/Terry L. Wooten______ United States District Judge

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