Lewis v. Williams
Filing
18
ORDER RULING ON REPORT AND RECOMMENDATION: After a thorough review of the record in this case, the Court finds no clear error and hereby adopts and incorporates by reference the R & R [ECF No. 16 ] of the Magistrate Judge. Accordingly, the Court DISMISSES Plaintiff's complaint without prejudice and without issuance and service of process. IT IS SO ORDERED. Signed by the Honorable R. Bryan Harwell on 12/6/2016. (hcic, )
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
ORANGEBURG DIVISION
Pagiel Omega Lewis,
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Plaintiff,
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v.
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Teresa Williams and
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Heinous Klansman Tyrant,
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Defendants.
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______________________________)
Civil Action No.: 5:16-cv-03224-RBH
ORDER
Plaintiff Pagiel Omega Lewis, a federal prisoner proceeding pro se, filed this action against the
above-captioned Defendants. See ECF No. 1. The matter is before the Court for review of the Report
and Recommendation (R & R) of United States Magistrate Judge Kaymani D. West, made in
accordance with 28 U.S.C. § 636(b)(1)(B) and Local Rule 73.02 for the District of South Carolina.1
See R & R, ECF No. 16. The Magistrate Judge recommends that the Court summarily dismiss
Plaintiff’s complaint without prejudice. R & R at 8.
The Magistrate Judge makes only a recommendation to this Court. The recommendation has
no presumptive weight, and the responsibility to make a final determination remains with this Court.
See Mathews v. Weber, 423 U.S. 261, 270-71 (1976). The Court is charged with making a de novo
determination of those portions of the R & R 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. See 28 U.S.C. § 636(b)(1).
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The Magistrate Judge reviewed Plaintiff’s complaint pursuant to the screening provisions of 28 U.S.C.
§§ 1915(e)(2) and 1915A. The Court is mindful of its duty to liberally construe the pleadings of pro se litigants. See
Gordon v. Leeke, 574 F.2d 1147, 1151 (4th Cir. 1978). But see Beaudett v. City of Hampton, 775 F.2d 1274, 1278
(4th Cir. 1985) (“Principles requiring generous construction of pro se complaints are not, however, without limits.
Gordon directs district courts to construe pro se complaints liberally. It does not require those courts to conjure up
questions never squarely presented to them.”).
Plaintiff has not filed objections to the R & R, and the time for doing so has expired.2 In the
absence of objections to the R & R, the Court is not required to give any explanation for adopting the
Magistrate Judge’s recommendations. See Camby v. Davis, 718 F.2d 198, 199-200 (4th Cir. 1983).
The Court reviews only for clear error in the absence of an objection. See Diamond v. Colonial Life &
Acc. Ins. Co., 416 F.3d 310, 315 (4th Cir. 2005) (stating that “in the absence of a timely filed objection,
a district court need not conduct 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’” (quoting Fed. R. Civ. P.
72 advisory committee’s note)).
After a thorough review of the record in this case, the Court finds no clear error and hereby
adopts and incorporates by reference the R & R [ECF No. 16] of the Magistrate Judge. Accordingly,
the Court DISMISSES Plaintiff’s complaint without prejudice and without issuance and service of
process.
IT IS SO ORDERED.
Florence, South Carolina
December 6, 2016
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s/ R. Bryan Harwell
R. Bryan Harwell
United States District Judge
Objections to the R & R were due by November 21, 2016. ECF No. 16.
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