Gregg v. Spartanburg County Detention Center et al

Filing 43

REPORT AND RECOMMENDATION recommending 40 MOTION to Dismiss filed by Paul Douglas Gregg be granted and case be dismissed without prejudice. Objections to R&R due by 12/11/2008. Signed by Magistrate Judge William M Catoe on 11/21/08. (Attachments: # 1 Objection notice)(ladd, )

IN THE DISTRICT COURT OF THE UNITED STATES F O R THE DISTRICT OF SOUTH CAROLINA G R E E N V IL L E DIVISION

P a u l Douglas Gregg, Plaintiff, vs. S p a r ta n b u r g County P o lic e Department, Defendant.

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Civil Action No. 6:08-2209-HFF-W M C REPORT OF MAGISTRATE JUDGE

T h e plaintiff, a former state prisoner proceeding pro se, filed this action p u rs u a n t to Title 42, United States Code, Section 1983. P u rs u a n t to the provisions of Title 28, United States Code, Section 6 3 6 (b )(1 )(A ) and Local Civil Rule 73.02)(B)(2)(e) D.S.C., all pretrial m a t t e r s in cases in v o lv in g pro se litigants are referred to a United States Magistrate Judge for consideration. O n October 16, 2008, the defendant filed a motion for summary judgment. By o rd e r filed October 17, 2008, pursuant to Roseboro v. Garrison, 528 F.2d 309 (4 th Cir. 1975), th e plaintiff was advised of the summary judgment dismissal procedure and the possible c o n s e q u e n c e s if he failed to adequately respond to the motion. On November 20, 2008, in re s p o n s e to the motion, the plaintiff filed a motion to dismiss the case without prejudice. W h e re f o re , it is recommended that the plaintiff's motion be granted and this a c tio n be dismissed without prejudice. IT IS SO ORDERED. s /W illia m M. Catoe U n ite d States Magistrate Judge N o v e m b e r 21, 2008 G re e n v ille , South Carolina