Boston v. Chavis

Filing 17

ORDER RULING ON REPORT AND RECOMMENDATION: The Court overrules Plaintiff's objections, adopts the Report 13 , and incorporates it herein. Therefore, it is the judgment of this Court that the Complaint be DISMISSED WITHOUT PREJUDICE. IT IS SO ORDERED. Signed by Honorable Mary Geiger Lewis on 11/5/2015. (mcot, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA ORANGEBURG DIVISION JASON THOMAS BOSTON, Plaintiff, vs. OFC. GAVIN WAYNE CHAVIS, Defendant. § § § § § § § CIVIL ACTION NO. 5:15-04262-MGL ORDER ADOPTING THE REPORT AND RECOMMENDATION AND DISMISSING THE COMPLAINT WITHOUT PREJUDICE 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 that the Complaint be dismissed without prejudice. 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 October 30, 2015, and the Clerk of Court entered Plaintiff’s objections to the Report on November 5, 2015. The Court has reviewed the objections, but finds them without merit. Therefore, it will enter judgment accordingly. In Plaintiff’s objections, he makes no specific objections to the Report. Instead, he generally reiterates claims that the Magistrate Judge has already considered and rejected. Because the Court agrees with the Magistrate Judge’s treatment of those issues, it need not discuss them again here. Therefore, it will overrule Plaintiff’s 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 this Court that the Complaint be DISMISSED WITHOUT PREJUDICE. IT IS SO ORDERED. Signed this 5th day of November, 2015, in Columbia, South Carolina. s/ Mary Geiger Lewis MARY GEIGER LEWIS UNITED STATES DISTRICT JUDGE ***** 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. 2

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