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, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
ORANGEBURG DIVISION
JASON THOMAS BOSTON,
Plaintiff,
vs.
OFC. GAVIN WAYNE CHAVIS,
Defendant.

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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

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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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