Heyward v. South Carolina Department of Corrections et al

Filing 23

ORDER RULING ON REPORT AND RECOMMENDATION 20 . The court adopts the Magistrate Judges recommendation. This action is dismissed without prejudice. All other motions are moot. Signed by Honorable Joseph F Anderson, Jr on 7/29/2014. (kric, )

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

Benjamin Heyward,

)
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Plaintiff,
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v.
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South Carolina Department of Corrections;
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Larry Cartledge; Mr. Williams; and Mr. Church, )
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Defendants.
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_______________________________________ )

C/A No. 6:13-2982-JFA-KFM

ORDER

The pro se plaintiff, Benjamin Heyward, filed this action pursuant 42 U.S.C. § 1983.
The Magistrate Judge1 has prepared a Report and Recommendation wherein he suggests that
the plaintiff’s motion to dismiss should be granted. The defendants have replied to the
motion stating that they have no opposition to the dismissal. The Report sets forth in detail
the relevant facts and standards of law on this matter, and the court incorporates such without
a recitation.
After a careful review of the record, the applicable law, the Report and
Recommendation, the court adopts the Magistrate Judge’s recommendation and incorporates
it herein by reference.

1

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).

Accordingly, this action is dismissed without prejudice pursuant to Rule 41(a)(2) of
the Federal Rules of Civil Procedure. All other motions are moot.
IT IS SO ORDERED.

July 29, 2014
Columbia, South Carolina

Joseph F. Anderson, Jr.
United States District Judge