Brooks v. Columbia SC, The City of et al

Filing 16

ORDER RULING ON REPORT AND RECOMMENDATION. It is hereby ORDERED that the Magistrate Judges Report and Recommendation is ACCEPTED 13 . The Complaint is therefore DISMISSED without prejudice and without issuance and service of process. Signed by Honorable Terry L Wooten on 11/21/2012. (dsto, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA FLORENCE DIVISION Thomas Reginald Brooks, Plaintiff, vs. The City of Columbia, S.C., et al., Defendants. ____________________________________ ) ) ) ) ) ) ) ) ) ) Civil Action No. 4:12-2147-TLW-TER ORDER On August 1, 2012, the Plaintiff, Thomas Reginald Brooks (“Plaintiff”), proceeding pro se, filed this civil action construed as an action under 42 U.S.C. § 1983. (Doc. # 1). 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 without prejudice and without issuance and service of process pursuant to 28 U.S.C. § 1915(e)(2)(B)(i) and (ii). (Doc. # 13). Objections were due on November 16, 2012. Plaintiff has filed no objections to the Report. The 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, the 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. # 13). The Complaint is therefore DISMISSED without prejudice and without issuance and service of process. IT IS SO ORDERED. November 21, 2012 Florence, South Carolina __s/Terry L. Wooten______ United States District Judge

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