Fishburne v. Hamilton

Filing 17

ORDER RULING ON REPORT AND RECOMMENDATION; adopting 11 Report and Recommendation. Action is dismissed without prejudice and without issuance and service of process. Signed by Honorable Timothy M Cain on 11/6/2014. (gpre, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
GREENVILLE DIVISION
Anthony Lamar Fishburne,

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Plaintiff,
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vs.
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Sarah L. Hamilton, SC DSS Child Support )
Specialist,
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Defendant.
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Civil Action No. 6:14-3572-TMC

ORDER

Plaintiff, proceeding pro se and in forma pauperis, filed this action alleging a violation of
his civil rights 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 the action be dismissed without prejudice and without issuance and service
of process. (ECF No. 11). Plaintiff was advised of his right to file objections to the Report,
(ECF No. 11), and he filed timely objections. (ECF No. 14).
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). The court need not conduct a de novo review when a party makes only “general and
conclusory objections that do not direct the court to a specific error in the magistrate’s proposed
findings and recommendations.” Orpiano v. Johnson, 687 F.2d 44, 47 (4th Cir. 1982). In that
case, the court reviews the Report only for clear error. See Diamond v. Colonial Life & Accident
Ins. Co., 416 F.3d 310, 315 (4th Cir. 2005).

Plaintiff’s objections fail to address any specific, dispositive portion of the Report. The
objections are non-specific, unrelated to the dispositive portions of the Report, or merely restate
Plaintiff’s claims. The court has thoroughly reviewed the Report and Plaintiff’s objections and
finds no reason to deviate from the Report’s recommended disposition.
Accordingly, the court adopts the Magistrate Judge's Report (ECF No. 11) and
incorporates it herein. It is therefore ORDERED that the action is DISMISSED without
prejudice and without issuance and service of process.
IT IS SO ORDERED.
s/Timothy M. Cain
United States District Judge
November 6, 2014
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.