Hickson v. Stewart et al

Filing 22

ORDER RULING ON REPORT AND RECOMMENDATION: The court adopts and incorporates the Report and Recommendation 16 by reference in this Order.This action is dismissed without prejudice and without issuance and service of process as to Defendants Lake City Police Department and ABC Insurance Company. This matter is returned to the Magistrate Judge for further pretrial proceedings. IT IS SO ORDERED. Signed by Honorable Cameron McGowan Currie on 10/13/2015. (dsto, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
FLORENCE DIVISION
Christopher Hickson,

)
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Plaintiff,
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v.
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Officer John Stewart, Individually and in
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his official capacity as a Lake City Police )
Officer; Officer Sandy Thompson,
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Individually and in his official capacity as a )
Lake City Police Officer; Officer Kevin
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Cook, Individually and in his official
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capacity as a Lake City Police Officer;
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Chief of Police Billy Brown and/or Jody
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Cooper, Individually and in their official
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capacity as the Former and/or Present Chief )
of Police of the Lake City Police
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Department; The Lake City Police
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Department; The City of Lake City, and
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ABC Insurance Company,
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Defendants.
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___________________________________ )

C/A NO. 4:15-2433-CMC-TER

OPINION and ORDER

This matter is before the court on Plaintiff’s pro se complaint, filed in this court pursuant to
42 U.S.C. § 1983.
In accordance with 28 U.S.C. § 636(b) and Local Civil Rule 73.02 (B)(2)(d), DSC, this
matter was referred to United States Magistrate Judge Thomas E. Rogers, III, for pre-trial
proceedings and a Report and Recommendation (“Report”). On September 16, 2015, the Magistrate
Judge issued a Report recommending that Defendants Lake City Police Department and ABC
Insurance Company be dismissed from this matter without prejudice and without issuance and
service of process. The Magistrate Judge advised Plaintiff of the procedures and requirements for

filing objections to the Report and the serious consequences if he failed to do so. Plaintiff has filed
no objections and the time for doing so has expired.
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).
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 as to
Defendants Lake City Police Department and ABC Insurance Company. This matter is returned to
the Magistrate Judge for further pretrial proceedings.
IT IS SO ORDERED.
s/ Cameron McGowan Currie
CAMERON MCGOWAN CURRIE
SENIOR UNITED STATES DISTRICT JUDGE

Columbia, South Carolina
October 13, 2015

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