Juste v. Martinez et al

Filing 17

ORDER RULING ON REPORT AND RECOMMENDATION: The Court overrules Plaintiff's objections, adopts the Report 12 , and incorporates it herein.Therefore, it is the judgment of this Court the Complaint is DISMISSED WITHOUTPREJUDICE and without issuance and service of process. 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,

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vs.
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AGENT MARTINEZ,
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FEDERAL BUREAU OF INVESTIGATION, §
JAMES COMEY, DIRECTOR,
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LORETTA E. LYNCH, Attorney General,
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ASHTON CARTER,
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JAMES POWELL COLLINGS,
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BARACK OBAMA,
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Defendants.
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CIVIL ACTION NO. 4:16-3833-MGL

ORDER ADOPTING THE REPORT AND RECOMMENDATION
AND DISMISSING THE COMPLAINT
WITHOUT PREJUDICE AND WITHOUT ISSUANCE AND SERVICE OF PROCESS
AND SETTING FORTH THE PROCEDURE TO BE FOLLOWED
IN ANY FUTURE FILINGS BY PLAINTIFF
This case was filed as a 42 U.S.C. § 1983 action. Plaintiff 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 be dismissed without prejudice and without issuance and
service of process. The Magistrate Judge also sets forth a proposal as to how any future fillings by
Plaintiff be handled. 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 3, 2017, and the Clerk entered Plaintiff’s
objections on February 21, 2017. The Court has reviewed Plaintiff’s 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 submission and his
statement “I am objecting [to] the Report and Recommendation since the Appellant[s] have not
[indecipherable] the Defendant and have not answer[ed] the Plaintiff[’s] complaint . Objections 1.
Given Plaintiff’s 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 Plaintiff’s objections, adopts the Report, and incorporates it herein.
Therefore, it is the judgment of this Court the Complaint is DISMISSED WITHOUT
PREJUDICE and without issuance and service of process.
The Magistrate Judge has set out a proposal in the Report as to how he suggests any future
filings by Plaintiff be handled. The Court interprets Plaintiff’s failure to address this proposal as his
consent to it. Therefore, the Magistrate Judge shall follow the procedures set forth in the Report as
to any of Plaintiff’s future filings.

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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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