Tyler v. Jones

Filing 13

ORDER adopting Report and Recommendations of Magistrate Judge Bristow Marchant. Therefore, it is the judgment of the Court the Complaint is DISMISSED WITHOUT PREJUDICE and without issuance and service of process. Signed by Honorable Mary Geiger Lewis on 3/30/2017.(cwhi, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
FLORENCE DIVISION
LARRY JAMES TYLER,
Plaintiff,
vs.
RICHARD JONES,
Defendant.

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CIVIL ACTION NO. 4:17-404-MGL

ORDER ADOPTING THE REPORT AND RECOMMENDATION
AND DISMISSING THE COMPLAINT WITHOUT PREJUDICE
AND WITHOUT ISSUANCE AND SERVICE OF PROCESS
This case was filed as a 42 U.S.C. § 1983 action. Plaintiff, a serial filed, 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 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 March 17, 2017, and the Clerk of Court entered
Plaintiff’s objections on March 30, 2017. The Court has reviewed the objections, but holds them
to be without merit. It will therefore enter judgment accordingly.
Plaintiff generally presents arguments in his objections the Magistrate Judge has already
considered and rejected. Because the Court agrees with the Magistrate Judge’s treatment of these
issues, it need not analyze them a second time here. Plaintiff’s other conclusory contentions are so
lacking in merit as not to merit discussion. For these reasons, the Court will overrule the objections.
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 the Court the Complaint is DISMISSED WITHOUT PREJUDICE
and without issuance and service of process.
IT IS SO ORDERED.
Signed this 30th day of March, 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
The parties are hereby notified of the right to appeal this Order within thirty days from the
date hereof, pursuant to Rules 3 and 4 of the Federal Rules of Appellate Procedure.

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