Jermaine Goode v. Kingstree, The Town of, et al

Filing 137

ORDER RULING ON REPORT AND RECOMMENDATION: The Court concurs with the reasoning of the Magistrate Judge and adopts the Report and incorporates it herein by reference, (ECF No. 40 ), overruling Plaintiff's Objections. Acc ordingly, the Complaint is DISMISSED IN PART; specifically, the Complaint is dismissed without prejudice and without issuance and service of process as against the following Defendants: Williamsburg County, State of South Carolina,Clerk, Domonique Jo nes Goode, Mark Whitfield, Randy Foxworth, William Diggers, Ellerbe Ackerman, Delores Williams, Laverne Gamble, Vincent Staggers, Officer Robert Lee, Officer Jackson, Cpl Steve Dukes, Lt Scott, Laura Brown, Sharon Staggers, Clifton Newman, Kimberly Barr, Tyler Brown, Black River Healthcare, and Pat Doe of Black River Healthcare. Signed by Honorable Mary G Lewis on 04/15/2015. (dsto, )

IN THE DISTRICT COURT OF THE UNITED STATES
FOR THE DISTRICT OF SOUTH CAROLINA
) Civil Action No.: 4:13-3158-MGL-TER
)
Plaintiff, )
)
)
vs.
ORDER
)
)
)
The Town of Kingstree, et al.,
)
Defendants. )
______________________________ )
Jermaine Goode,

On November 26, 2013, Plaintiff Jermaine Goode, (“Plaintiff”), proceeding pro se and in
forma pauperis, filed this civil rights action pursuant to 42 U.S.C. § 1983. (ECF No. 1). In
accordance with 28 U.S.C. § 636(b) and Local Civil Rule 73.02(B)(2) D.S.C., this matter was
referred to United States Magistrate Judge Thomas E. Rogers for review pursuant to the procedural
provisions of 28 U.S.C. § 1915 and § 1915A . On July 28, 2014, the Magistrate Judge prepared a
thorough Report and Recommendation, (“the Report”), reviewing all of the claims levied against the
over thirty named Defendants and recommending that the Complaint be partially dismissed without
prejudice and without issuance and service of process, as against twenty-two of the named
Defendants, as Plaintiff’s Complaint fails to set out plausible claims for relief against these
Defendants. (ECF No. 40). Plaintiff filed an Objection to the Report on August 15, 2014. (ECF No.
43). The matter is now ripe for review by this Court.
The Magistrate Judge makes only a recommendation to the Court. The recommendation has
no presumptive weight, and the responsibility to make a final determination remains with the Court.
See Mathews v. Weber, 423 U.S. 261 (1976). The Court is charged with making a de novo
determination of any portion of the Report of the Magistrate Judge to which a specific objection is

made. The Court may accept, reject, or modify, in whole or in part, the recommendation made by
the Magistrate Judge or recommit the matter to the Magistrate Judge with instructions. See 28
U.S.C. § 636(b). In the absence of a timely filed Objection, a district court need not conduct a de
novo review, but instead must “only satisfy itself that there is no clear error on the face of the record
in order to accept the recommendation.” Diamond v. Colonial Life & Acc. Ins. Co., 416 F.3d 310,
315 (4th Cir. 2005).
In light of the standards set forth above, the Court has reviewed, de novo, the Report and
Plaintiff’s Objection. The Court has undertaken this de novo review, even though Plaintiff’s
objections do not meaningfully address or seek to counter the core legal grounds cited by the
Magistrate Judge for dismissal of the respective Defendants (e.g. sovereign immunity, absolute
judicial immunity, qualified immunity, etc.). Instead, Plaintiff simply restates his claims of
perceived wrongdoing on the part of the various entities, government officials and private persons
named in the lawsuit.
Upon careful review of the Magistrate Judge’s thorough Report, the Court concurs with the
reasoning of the Magistrate Judge and adopts the Report and incorporates it herein by reference,
(ECF No. 40), overruling Plaintiff’s Objections. Accordingly, the Complaint is DISMISSED IN
PART; specifically, the Complaint is dismissed without prejudice and without issuance and service
of process as against the following Defendants: Williamsburg County, State of South Carolina,
Clerk, Domonique Jones Goode, Mark Whitfield, Randy Foxworth, William Diggers, Ellerbe
Ackerman, Delores Williams, Laverne Gamble, Vincent Staggers, Officer Robert Lee, Officer
Jackson, Cpl Steve Dukes, Lt Scott, Laura Brown, Sharon Staggers, Clifton Newman, Kimberly

-2-

Barr, Tyler Brown, Black River Healthcare, and Pat Doe of Black River Healthcare.
IT IS SO ORDERED.
s/Mary G. Lewis
United States District Judge
Columbia, South Carolina
April 15, 2015

-3-