Juste v. Correct Care Recovery Solutions et al

Filing 23

ORDER RULING ON REPORT AND RECOMMENDATION: The Court overrules the objection, adopts the Report 15 , and incorporates it herein. Therefore, it is the judgment of this Court the Complaint/Petition is DISMISSED WITHOUT PREJUDICE and without requiring an answer or return. IT IS SO ORDERED. Signed by Honorable Mary Geiger Lewis on 02/28/2017. (dsto, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
FLORENCE DIVISION
ANDRE JUSTE,
Plaintiff/Petitioner,

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vs.
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CORRECT CARE RECOVERY SOLUTIONS, §
COLUMBIA REGIONAL CARE CENTER,
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Defendants/Respondents.
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CIVIL ACTION NO. 4:16-3575-MGL

ORDER ADOPTING THE REPORT AND RECOMMENDATION,
AND DISMISSING THE COMPLAINT/PETITION
WITHOUT PREJUDICE AND WITHOUT REQUIRING AN ANSWER OR RETURN
Plaintiff/Petitioner is proceeding pro se. The matter is before the Court for review of the
Report and Recommendation (Report) of the United States Magistrate Judge suggesting the
Complaint/Petition be dismissed without prejudice and without requiring an answer or return. The
Report was made in accordance with 28 U.S.C. § 636 and Local Civil Rule 73.02 for the District of
South Carolina.
The Magistrate Judge makes only a recommendation to this Court. The recommendation has
no presumptive weight. The responsibility to make a final determination remains with the Court.
Mathews v. Weber, 423 U.S. 261, 270 (1976). The Court is charged with making a de novo
determination of those portions of the Report to which specific objection is made, and the Court may
accept, reject, or modify, in whole or in part, the recommendation of the Magistrate Judge or
recommit the matter with instructions. 28 U.S.C. § 636(b)(1).
The Magistrate Judge filed the Report on February 23, 2017, and the Clerk entered
Plaintiff’s/Petitioner’s objections on February 21, 2017. The Court has reviewed the objections, but
holds them to be without merit. Hence, it will enter judgment accordingly.

The only two mentions of the Report are in the caption of Plaintiff’s/Petitioner’s submission
and his statement “I, the Plaintiff Andre Juste[,] now hereby come[ ] . . . and object [to] the Report
and Recommendation[.]” Objections 1. Given the failure to lodge a specific objection to the
Report, the Court will overrule this objection.
After a thorough review of the Report and the record in this case pursuant to the standard set
forth above, the Court overrules the objection, adopts the Report, and incorporates it herein.
Therefore, it is the judgment of this Court the Complaint/Petition is DISMISSED WITHOUT
PREJUDICE and without requiring an answer or return.
IT IS SO ORDERED.
Signed this 28th day of February, 2017, in Columbia, South Carolina.
s/ Mary Geiger Lewis
MARY GEIGER LEWIS
UNITED STATES DISTRICT JUDGE

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NOTICE OF RIGHT TO APPEAL
Plaintiff is hereby notified of the right to appeal this Order within sixty days from the date
hereof, pursuant to Rules 3 and 4 of the Federal Rules of Appellate Procedure.

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