Gerald v. Mullins Police Department
ORDER RULING ON REPORT AND RECOMMENDATION: The court adopts and incorporates the Report and Recommendation 15 by reference in this Order. This action is dismissed without prejudice and without issuance and service of process. Signed by Honorable Cameron McGowan Currie on 3/31/2015. (mcot, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Helen Faye Gerald,
Mullins Police Department,
C/A NO. 4:15-0288-CMC-KDW
OPINION and ORDER
This matter is before the court on Plaintiff’s pro se complaint asserting claims relating to her
“civil rights.” Compl. at 5, ECF No. 1.
In accordance with 28 U.S.C. § 636(b) and Local Civil Rule 73.02 (B)(2)(e), DSC, this
matter was referred to United States Magistrate Judge Kaymani D. West for pre-trial proceedings
and a Report and Recommendation (“Report”). On March 9, 2015, the Magistrate Judge issued a
Report recommending that the matter be dismissed without prejudice. The Magistrate Judge advised
Plaintiff of the procedures and requirements for filing objections to the Report and the serious
consequences if she failed to do so. Plaintiff has filed no objections and the time for doing so has
The Magistrate Judge makes only a recommendation to this 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). The court reviews the Report only for clear error in the absence of an objection.
See Diamond v. Colonial Life & Accident Ins. Co., 416 F.3d 310, 315 (4th Cir. 2005) (stating that
“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.”) (citation omitted).
After reviewing the record of this matter, the applicable law, and the Report and
Recommendation of the Magistrate Judge, the court agrees with the conclusions of the Magistrate
Judge. Accordingly, the court adopts and incorporates the Report and Recommendation by
reference in this Order.
This action is dismissed without prejudice and without issuance and service of process.
IT IS SO ORDERED.
s/ Cameron McGowan Currie
CAMERON MCGOWAN CURRIE
SENIOR UNITED STATES DISTRICT JUDGE
Columbia, South Carolina
March 31, 2015
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