Brantley v. Aiken County Detention Center et al

Filing 47

ORDER RULING ON REPORT AND RECOMMENDATION: The court concurs in the Report and Recommendation 41 and incorporates it herein by reference. Defendant Staten's motion to quash and dismiss (ECF No. 34 ) is denied without pr ejudice.The court is informed that, subsequent to the issuance of the Magistrate Judge's Report and Recommendation, the United States Marshal's Service again served attempted service on Defendant James Staten by providing a copy of the summ ons and complaint to Lt. Shawn Carlen. ECF No. 46 . THE UNITED STATES MARSHAL'S SERVICE IS DIRECTED TO CONTACT DEFENDANT STATEN'S COUNSEL, AMY HARMON GEDDES AND/OR JAMES G. LONG, III, AT NEXSEN PRUET, LLC, 1230 MAIN STREET, SUITE 700, COLUMBIA, SOUTH CAROLINA, 20202, TELEPHONE [phone] TO ASCERTAIN IF COUNSEL WILL ACCEPT SERVICE OR TO OBTAIN AN ADDRESS FOR DEFENDANT STATEN. Signed by Honorable Margaret B Seymour on 08/9/2017. (dsto, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Russell A. Brantley,

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) C/A No. 4:17-0814-MBS-TER
Plaintiff,
)
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vs.
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OPINION AND ORDER
Aiken County Detention Center,
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Southern Health Partners, James Staten,
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Lt. Hettich, Captain Gallum,
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Defendants.
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____________________________________)
Plaintiff Russell A. Brantley is an inmate housed at the Aiken County Detention Center
(ACDC) in Aiken, South Carolina. Plaintiff proceeding pro se and in forma pauperis, filed a
complaint on March 27, 2017, alleging that he fell out of a top bunk, injured his collarbone, and
requires surgery. Plaintiff asserts that he was denied medical care in violation of his rights under the
Eighth Amendment. Plaintiff brings this action pursuant to 42 U.S.C. § 1983. In accordance with
28 U.S.C. § 636(b) and Local Rule 73.02, D.S.C., this matter was referred to United States
Magistrate Judge Thomas E. Rogers, III for pretrial handling.
This matter is before the court on motion to quash service/dismiss for ineffective service of
process as to Defendant James Staten, which motion was filed June 23, 2017. Defendant Staten
asserts that service of the summons and complaint was made by delivery to the ACDC, and that Lt.
Shawn Carlen accepted service on behalf of this Defendant. Defendant Staten contends he was no
longer working at the Aiken County Detention Center at the time of service, and that Lt. Carlen was
not authorized to accept service on his behalf. Defendant Staten moves the court to dismiss the
action as to him pursuant to Fed. R. Civ. P. 12(b)(5).
On July 20, 2017, the Magistrate Judge issued a Report and Recommendation in which he

noted that Plaintiff must rely on the United States Marshal’s Service to serve his summons and
complaint. The Magistrate Judge noted that it was through no fault of Plaintiff that proper service
was not effected. Accordingly, the Magistrate Judge recommended that the motion to dismiss be
denied at this time. No parties filed objections to the Report and Recommendation.
The Magistrate Judge makes only a recommendation to this court. The recommendation has
no presumptive weight. The responsibility for making a final determination remains with this court.
Mathews v. Weber, 423 U.S. 261, 270 (1976). This court may accept, reject, or modify, in whole
or in part, the findings or recommendations made by the Magistrate Judge. 28 U.S.C. § 636(b)(1).
This court may also receive further evidence or recommit the matter to the Magistrate Judge with
instructions. Id. 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.” Diamond v. Colonial Life & Acc. Ins. Co., 416 F.3d 310,
315 (4th Cir. 2005).
The court has thoroughly reviewed the record. The court concurs in the Report and
Recommendation and incorporates it herein by reference. Defendant Staten’s motion to quash
and dismiss (ECF No. 34) is denied without prejudice.
The court is informed that, subsequent to the issuance of the Magistrate Judge’s Report and
Recommendation, the United States Marshal’s Service again served attempted service on Defendant
James Staten by providing a copy of the summons and complaint to Lt. Shawn Carlen. ECF No. 46.
THE UNITED STATES MARSHAL’S SERVICE IS DIRECTED TO CONTACT
DEFENDANT STATEN’S COUNSEL, AMY HARMON GEDDES AND/OR JAMES G.
LONG, III, AT NEXSEN PRUET, LLC, 1230 MAIN STREET, SUITE 700, COLUMBIA,
2

SOUTH CAROLINA 20202, TELEPHONE [phone] TO ASCERTAIN IF COUNSEL
WILL ACCEPT SERVICE OR TO OBTAIN AN ADDRESS FOR DEFENDANT STATEN.
The case is recommitted to the Magistrate Judge for further pretrial handling.
IT IS SO ORDERED.

/s/ Margaret B. Seymour
Senior United States District Judge
Columbia, South Carolina
August 9, 2017

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