Dowdle et al v. Debbie et al

Filing 18

ORDER ADOPTING 14 Report and Recommendations. Plaintiff's complaint is dismissed without prejudice and without issuance and service of process. Plaintiff's complaint is deemed a strike pursuant to 28 U.S.C. Section 1915(e)(2) and (g). Signed by Honorable Margaret B Seymour on 4/26/2010. (mbro, ) Modified on 4/28/2010 to edit text (mbro, ).

IN THE UNITED STATES DISTRICT COURT F O R THE DISTRICT OF SOUTH CAROLINA J o h n Ray Dowdle, aka John R. Dowdle, ) ) Plaintiff, ) ) v s. ) ) Ms. Debbie, Kitchen Supervisor; Sgt. ) T e r r y Blackwell; Cpt. Amanda Luna; ) P T . Joe Bolin; PT. Billy Hyatt; PT. Melissa ) S m ith ; PT. Harold Phillips, ) ) D e fe n d a n t . ) ____________________________________)

C/A No. 6:10-0442-MBS

ORDER

P l a i n t i ff John Ray Dowdle is a pretrial detainee at the Cherokee County Detention Center in G a ffn e y, South Carolina. Plaintiff, proceeding pro se, filed a complaint pursuant to 42 U.S.C. § 1983 o n February 24, 2010, alleging that he has been discriminated against because he was fed chicken p a ttie s rather than chicken. In accordance with 28 U.S.C. § 636(b) and Local Rule 73.02, D.S.C., this matter was referred to United States Magistrate Judge William M. Catoe for pretrial handling. The Magistrate Judge re v ie w e d the complaint pursuant to the provisions of 28 U.S.C. §§ 1915, 1915A, and the Prison Litiga tio n Reform Act of 1996. On April 2, 2010, the Magistrate Judge issued a Report and R e c o m m e n d a tio n in which he recommended that the complaint be dismissed for failure to state a c la im upon which relief may be granted. R e co m m e n d atio n . T h e Magistrate Judge makes only a recommendation to this court. The recommendation has n o presumptive weight. The responsibility for making a final determination remains with this court. M a th e w s v. Weber, 423 U.S. 261, 270 (1976). The court is charged with making a de novo Plaintiff filed no objections to the Report and

d e t e r m i n a t io n of any portions of the Report and Recommendation to which a specific objection is m a d e . The court may accept, reject, or modify, in whole or in part, the recommendation made by the M a gis tra te Judge or may recommit the matter to the Magistrate Judge with instructions. 28 U.S.C. § 636(b)(1). In the absence of a timely filed objection, a district court need not conduct a de novo r e v i e w , but instead must "only satisfy itself that there is no clear error on the face of the record in o rd e r to accept the recommendation." Diamond v. Colonial Life & Acc. Ins. Co., 416 F.3d 310, 315

(4th Cir. 2005).
The court has carefully reviewed the record and adopts the Report and Recommendation. P l a in t iff's complaint is dismissed without prejudice and without issuance and service of process. M o re o v e r, the court finds Plaintiff's complaint to be frivolous. Plaintiff's complaint is deemed a

strike pursuant to 28 U.S.C. § 1915(e)(2) and (g).
I T IS SO ORDERED.

/ s / Margaret B. Seymour United States District Judge C o l u m b ia , South Carolina A p ril 26, 2010.

N O T I C E OF RIGHT TO APPEAL P l a i n tif f is hereby notified of the right to appeal this order pursuant to Rules 3 and 4 of the Federal Rules of Appellate Procedure.

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