Loftin v. South Carolina Department of Public Safety et al

Filing 53

ORDER RULING ON REPORT AND RECOMMENDATIONS denying 15 Motion to Dismiss, Motion for Summary Judgment filed by James Loftin, adopting in its entirety 30 Report and Recommendations. Signed by Honorable G Ross Anderson, Jr on 7/6/12. (alew, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
GREENVILLE DIVISION
James Loftin,
Plaintiff,
v.
South Carolina Department of Public
Safety; Trooper T.J. Genco
Respondent.

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C/A No.: 6:12-cv-00863-GRA

ORDER

This matter comes before the Court for review of the magistrate’s Report
and Recommendation filed on May 24, 2012 and made in accordance with 28
U.S.C. § 636(b)(1)(A) and Local Rule 73.02(B)(2)(e), D.S.C. Plaintiff James
Loftin brought a motion to dismiss and summary judgment on April 2, 2012.
ECF No. 15. In her May 24, 2012 Report and Recommendation, Magistrate
Judge Jacquelyn D. Austin recommended that Plaintiff’s motion to dismiss and
for summary judgment to be denied. ECF No. 30. Plaintiff did not file
objections. For the reasons stated herein, the Court adopts the magistrate’s
Report and Recommendation in its entirety.
Plaintiff brings this claim pro se. This Court is required to construe pro se
pleadings liberally.

Such pleadings are held to a less stringent standard than

those drafted by attorneys. Gordon v. Leeke, 574 F.2d 1147, 1151 (4th Cir.
1978). This Court is charged with liberally construing a pleading filed by a pro
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se litigant to allow for the development of a potentially meritorious claim. Boag
v. MacDougall, 454 U.S. 364, 365 (1982).

A court may not construct the

plaintiff’s legal arguments for him, Small v. Endicott, 998 F.2d 411 (7th Cir.
1993), nor is a district court required to recognize “obscure or extravagant
claims defying the most concerted efforts to unravel them,” Beaudett v. City of
Hampton, 775 F.2d 1274, 1277 (4th Cir. 1985), cert denied, 475 U.S. 1088
(1986).
The magistrate 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. Mathews v. Weber, 423 U.S. 261,
270-71 (1976). This Court is charged with making a de novo determination of
those portions of the Report and Recommendation to which specific objection is
made, and this Court may "accept, reject, or modify, in whole or in part, the
findings or recommendations made by the magistrate." 28 U.S.C. § 636(b)(1).
This Court may also "receive further evidence or recommit the matter to the
magistrate with instructions." Id. In the absence of specific objections to the
Report and Recommendation, this Court is not required to give any explanation
for adopting the recommendation.

Camby v. Davis, 718 F.2d 198 (4th. Cir.

1983). Plaintiff has filed no objections.
After a review of the record, this Court finds that the magistrate’s Report
and Recommendation accurately summarizes this case and the applicable law.
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IT IS THEREFORE ORDERED that Plaintiff’s motion to dismiss and
summary judgment is DENIED.
IT IS SO ORDERED.

July 6, 2012
Anderson, South Carolina

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