Nelson v. South Carolina Department of Corrections et al

Filing 38

ORDER RULING ON REPORT AND RECOMMENDATION for 29 Motion for TRO filed by Jerry W Nelson, 33 Report and Recommendation, 27 Motion for TRO, filed by Jerry W Nelson Signed by Honorable Joseph F Anderson, Jr on 4/9/2013. (kric, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA

Jerry W. Nelson,
Plaintiff,
v.
South Carolina Department of Corrections,
et al.,
Defendants.
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C/A No.: 6:12-2066-JFA-KFM

ORDER

The pro se plaintiff, Jerry Nelson, brought an action against the defendants in state
court alleging various claims of sexual assault, failure to protect, and abuse. The defendants
removed the action to this court on July 23, 2012 under 42 U.S.C. § 1983. The plaintiff has
filed a motion for a temporary restraining order (TRO).
The Magistrate Judge assigned to this action1 has prepared a Report and
Recommendation wherein he suggests that this court should deny the plaintiff’s motion for
a TRO. The Report sets forth in detail the relevant facts and standards of law on this matter,
and the court incorporates such without a recitation and without a hearing.
The plaintiff was advised of his right to file objections to the Report and
Recommendation and the plaintiff filed timely objections thereto. The court has conducted

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The Magistrate Judge’s review is made in accordance with 28 U.S.C. § 636(b)(1)(B) and Local Civil Rule
73.02. The Magistrate Judge makes only a recommendation to this court. The recommendation has no presumptive
weight, and the responsibility to make a final determination remains with the court. Mathews v. Weber, 423 U.S. 261
(1976). The court is charged with making a de novo determination of those portions of the Report to which specific
objection is made and the court may accept, reject, or modify, in whole or in part, the recommendation of the Magistrate
Judge, or recommit the matter to the Magistrate Judge with instructions. 28 U.S.C. § 636(b)(1).

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the required de novo review and finds the plaintiff’s objections are without merit, and they
are thus overruled.
The Magistrate Judge has reviewed the plaintiff’s motion for a TRO under the
appropriate standards of law and opines that the plaintiff has failed to show that he is clearly
entitled to the relief sought. This court has also carefully reviewed the record, the applicable
law, the Report and Recommendation, and the objections thereto, and finds the Magistrate
Judge’s recommendation to be proper and incorporates the Report herein by reference.
Accordingly, the plaintiff’s motion for a temporary restraining order is denied. The
Clerk is directed to return this file to the Magistrate Judge for further handling and to make
a determination on the plaintiff’s request to amend his complaint.
IT IS SO ORDERED.

April 9, 2013
Columbia, South Carolina

Joseph F. Anderson, Jr.
United States District Judge

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