Dukes Sr. v. Welsh et al
Order that this court's 19 Order on Report and Recommendation filed on April 8, 2021 and the 20 judgment filed April 9, 2021 are vacated, this matter is reopened so that the court may consider plaintiff's objections to the Report and Recommendation. Signed by Honorable David C. Norton on 4/27/2021. (mmcd)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Mr. Michel Andre Dukes, Sr.,
Clifford L. Welsh; James E. Brown; and
C/A No.: 4:20-cv-3375 DCN
On November 5, 2020, the Magistrate Judge issued a Report and Recommendation in the
above-referenced case, recommending that the case be dismissed without prejudice and without
service of process, with the exception of plaintiff’s claims again defendant Clifford L. Welsh,
which it was recommended that those be dismissed with prejudice as he is immune from suit.
Plaintiff filed two motions for extension of time to submit objections to the Report and
Recommendation, the most recent being January 4, 2021. The court granted this motion and
ordered objections be filed no later than April 2, 2021. On April 8, 2021, this court issued an
Order adopting the Magistrate Judge’s Report and Recommendation, noting that no objections
had been submitted. Judgment was entered in this case by the Clerk of Court on April 9, 2021.
On April 19, 2021, the court received plaintiff’s objections. Although the prison mail room
stamped the envelope as being received on April 15, 2021, plaintiff dated his objections March
31, 2021. In addition, the stamp on the envelope indicates it was printed on March 31, 2021.1
The court is perplexed as to why there is a discrepancy of more than two weeks
between the postage stamp and the mail room stamp.
IT IS HEREWITH ORDERED that this court’s Order filed on April 8, 2021, dismissing
the case without prejudice and without service of process, and dismissing claims against
defendant Welsh with prejudice as he is immune from suit, and the judgment filed on April 9,
2021, are herewith VACATED, and this matter is herewith reopened so that the court may
consider plaintiff’s objections to the Report and Recommendation.
AND IT IS SO ORDERED.
David C. Norton
United States District Judge
April 27, 2021
Charleston, South Carolina
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