Beckham v. Byars et al

Filing 73

ORDER RULING ON REPORT AND RECOMMENDATION adopting 71 Report and Recommendation, granting 69 Motion to Withdraw filed by Stephen A Beckham, mooting 55 Motion for Summary Judgment, filed by Michael McCall, Paul Davi s, Daniel J Murphy, Leroy Cartledge, Carl Frederick, Bernard McKie, Norman Brice, Coley Rushton, Jon Ozmint, AJ Padula, William Byars, Robert E Ward, William White, Rudolph Tillmon, Linda Sanders. Signed by Honorable Mary G Lewis on 10/30/12. (alew, )

IN THE DISTRICT COURT OF THE UNITED STATES
FOR THE DISTRICT OF SOUTH CAROLINA
GREENVILLE DIVISION
Stephen A. Beckham,

) Civil Action No.: 6:12-119-MGL
)
Plaintiff, )
)
vs.
)
ORDER AND OPINION
)
William Byars, et al.,
)
)
Defendants. )
____________________________________ )
Plaintiff Stephen A. Beckham is an inmate in custody at McCormick Correctional Institution
in McCormick, South Carolina. On January 13, 2012, Plaintiff proceeding pro se, filed this civil
rights action pursuant to 42 U.S.C. § 1983. (ECF No. 1.) In accordance with 28 U.S.C. § 636(b)(1)
and Local Civil Rule 73.02 D.S.C., this matter was referred to United States Magistrate Judge Kevin
F. McDonald for pretrial handling.
On September 6, 2012, Plaintiff filed a “Withdrawal of Complaint” indicating that he
intended to seek legal counsel. (ECF No. 69.) The Magistrate Judge construed Plaintiff’s pleading
as a motion for voluntary dismissal pursuant to Federal Rule of Civil Procedure 41(a). The
Defendants did not file a response to the motion. Thus, Magistrate Judge McDonald recommended
that Plaintiff’s motion be granted and this action be dismissed without prejudice pursuant to Federal
Rule of Civil Procedure 41(a). (ECF No. 71.)
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 this court.
See Mathews v. Weber, 423 U.S. 261, 270-71 (1976). The court may accept, reject, or modify, in
whole or in part, the findings or recommendations made by the Magistrate Judge. 28 U.S.C. §

636(b)(1). The court may also receive further evidence or recommit the matter to the Magistrate
Judge with instructions. Id. The court is charged with making a de novo determination of those
portions of the Report and Recommendation to which specific objections are made. Neither party
filed objections to the Report and Recommendation.
After a careful review of the record, the applicable law, and the Report and Recommendation,
the court finds the Magistrate Judge’s recommendation to be proper. Accordingly, the Report and
Recommendation is incorporated herein by reference and this action is DISMISSED without
prejudice.
IT IS SO ORDERED.
s/Mary G. Lewis
United States District Judge

Spartanburg, South Carolina
October 30, 2012

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