Ishaaq v. Smith Moore Leatherwood LLP et al
Filing
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ORDER RULING ON REPORT AND RECOMMENDATION for 19 Report and Recommendation, SUMMARILY DISMISSING the complaint without prejudice and without service of process. Signed by Honorable Henry M Herlong, Jr on 10/16/14. (sfla)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
GREENVILLE DIVISION
Dwayne Ishaaq,
)
)
Plaintiff,
)
)
vs.
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Smith Moore Leatherwood, LLP;
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Cornerstone National Bank; Roger Anthony; )
and Susan Jolly, Jolly and Anthony in their )
personal and professional capacities,
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)
Defendant.
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C.A. No. 6:14-2759-HMH-JDA
OPINION & ORDER
This matter is before the court with the Report and Recommendation of United States
Magistrate Judge Jacquelyn D. Austin, made in accordance with 28 U.S.C. § 636(b)(1) and Local
Civil Rule 73.02 of the District of South Carolina.1 Dwayne Ishaaq (“Ishaaq”), proceeding pro
se, alleges a retaliation claim pursuant to 42 U.S.C. § 1983 for violation of his civil rights. In her
Report and Recommendation, Magistrate Judge Austin recommends summarily dismissing the
above-captioned case without prejudice and without service of process.
Ishaaq filed objections to the Report and Recommendation. Objections to the Report and
Recommendation must be specific. Failure to file specific objections constitutes a waiver of a
party’s right to further judicial review, including appellate review, if the recommendation is
accepted by the district judge. See United States v. Schronce, 727 F.2d 91, 94 & n.4 (4th Cir.
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The recommendation has no presumptive weight, and the responsibility for making a
final determination remains with the United States District Court. See Mathews v. Weber, 423
U.S. 261, 270-71 (1976). The court is charged with making a de novo determination of those
portions of the Report and Recommendation to which specific objection is made. The court may
accept, reject, or modify, in whole or in part, the recommendation made by the magistrate judge
or recommit the matter with instructions. 28 U.S.C. § 636(b)(1).
1984). In the absence of specific objections to the Report and Recommendation of the magistrate
judge, this court is not required to give any explanation for adopting the recommendation. See
Camby v. Davis, 718 F.2d 198, 199 (4th Cir. 1983).
Upon review, the court finds that Ishaaq’s objections are non-specific, unrelated to the
dispositive portions of the magistrate judge’s Report and Recommendation, or merely restate his
claims. Therefore, after a thorough review of the magistrate judge’s Report and the record in this
case, the court adopts Magistrate Judge Austin’s Report and Recommendation and incorporates it
herein by reference.
It is therefore
ORDERED that the Plaintiff’s complaint, docket number 1, is summarily dismissed
without prejudice and without service of process.
IT IS SO ORDERED.
s/Henry M. Herlong, Jr.
Senior United States District Judge
Greenville, South Carolina
October 16, 2014
NOTICE OF RIGHT TO APPEAL
Plaintiff is hereby notified that he has the right to appeal this order within thirty (30)
days from the date hereof, pursuant to Rules 3 and 4 of the Federal Rules of Appellate
Procedure.
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