Cabbagestalk v. State of South Carolina et al

Filing 13

ORDER RULING ON REPORT AND RECOMMENDATION: The Court, having reviewed the complaint and the R & R, finds no clear error and agrees with and adopts the Report and Recommendation (Dkt. No. 8 ) as the order of the Court. Defendant's Motion for Change of Venue to US Bankruptcy Court (Dkt. No. 10 ), is denied as moot. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 12/27/2016. (mcot, )

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF SOUTH CAROLINA

Shaheen Cabbagestalk,

)
)

Plaintiff,
v.

)
)
)

-

c:

SI

Civil Action No. 5:16-3314-RMG

)

­

(I)

0

C")
C")

~

r­

",
::::7;:0

n

~m

N

......

ORDER

State of South Carolina and South Carolina )
Department of Corrections,
)
)
Defendants.
)

:r:t!!

"

'-0'
f?I

("')C")

:><

;0,."

:x

;sf
N

....

(I)

C')

i'=

(I)
C")

---------------------------)
This matter is before the Court upon the Magistrate Judge's recommendation that
Plaintiff s motion for leave to proceed in forma pauperis be denied and that the action be dismissed
pursuant to 28 U.S.C. § 1915(g) if Plaintiff failed to pay the filing fee within the time pennitted.
(Dkt. No.8). Plaintiff filed no response to the Report and Recommendation (R & R), but he did
file a "Motion for Change of Venue to US Bankruptcy Court." (Dkt. No.1 0).
The Magistrate Judge makes only a recommendation to this Court. The recommendation
has no presumptive weight, and the responsibility for making a final determination remains with
this Court. Mathews v. Weber, 423 U.S. 261, 270-71 (1976). Where the plaintiff fails to file any
specific objections, the Magistrate Judge's conclusions are reviewed only for clear error, see

Diamondv. Colonial Life & Accident Insurance Co., 416 F.3d 310,315 (4th Cir. 2005), and this
Court is not required to give any explanation for adopting the recommendation of the Magistrate
Judge, Camby v. Davis, 718 F.2d 198 (4th Cir. 1983).
The Court, having reviewed the complaint and the R & R, finds no clear error and agrees
with and adopts the R & R as the order of the Court. Defendant's Motion for Change of Venue
to US Bankruptcy Court (Dkt. No. 10), is denied as moot.

AND IT IS SO ORDERED.

December <.7, 2016
Charleston, South Carolina

2