Shorter v. Betcke et al

Filing 34

ORDER RULING ON REPORT AND RECOMMENDATION 31 . It is therefore ORDERED that Plaintiffs motion for voluntary dismissal (ECF No. 28) is GRANTED. It is further ORDERED that Defendants motions for summary judgment (ECF No. 20) and to dismiss (ECF No. 24) are DENIED as moot. Signed by Honorable Timothy M Cain on 1/29/2015. (kric, ) Modified on 1/29/2015 to edit text (kric, ).

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
GREENVILLE DIVISION
Samuel Shorter, III,
Plaintiff,
vs.
Officer Mark Betcke, Warden Cecilia
Reynolds, Case Worker Rembert, and
Nurse Michele Ussery,
Defendants.

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Civil Action No. 6:14-3329-TMC

ORDER

Plaintiff, a state prisoner proceeding pro se, filed this action pursuant to 42 U.S.C. §
1983. In accordance with 28 U.S.C. § 636(b)(1) and Local Civil Rule 73.02, D.S.C., this matter
was referred to a magistrate judge for pretrial handling. Before the court is the magistrate
judge’s Report and Recommendation (“Report”), recommending that Plaintiff’s motion for
voluntary dismissal (ECF No. 28) and Defendants’ alternative motion to dismiss (ECF No. 24)
be granted, and this action be dismissed without prejudice. (ECF No. 31). Defendants filed a
response to Plaintiff’s motion stating they did not object to his request to voluntarily dismiss the
action. (ECF No. 29).
The Report has no presumptive weight and the responsibility to make a final
determination in this matter remains with this court. See Mathews v. Weber, 423 U.S. 261, 27071 (1976). In the absence of objections, this court is not required to provide an explanation for
adopting the Report. See Camby v. Davis, 718 F.2d 198, 199 (4th Cir. 1983). Rather, “in the
absence of a timely filed objection, a district court need not conduct a de novo review, but
instead must only satisfy itself that there is no clear error on the face of the record in order to

accept the recommendation.” Diamond v. Colonial Life & Acc. Ins. Co., 416 F.3d 310, 315 (4th
Cir. 2005) (quoting Fed. R. Civ. P. 72 advisory committee’s note).
After a thorough review of the Report and the record in this case, the court adopts the
magistrate judge's Report (ECF No. 31) and incorporates it herein. It is therefore ORDERED
that Plaintiff’s motion for voluntary dismissal (ECF No. 28) is GRANTED.

It is further

ORDERED that Defendants’ motions for summary judgment (ECF No. 20) and to dismiss (ECF
No. 24) are DENIED as moot.
IT IS SO ORDERED.
s/Timothy M. Cain
United States District Court Judge
January 29, 2015
Anderson, South Carolina

NOTICE OF RIGHT TO APPEAL
The parties are hereby notified of the right to appeal this order pursuant to Rules 3 and 4
of the Federal Rules of Appellate Procedure.