Allen v. Downey et al

Filing 15

ORDER RULING ON REPORT AND RECOMMENDATION 9 . Plaintiff is ordered to file an amended complaint within 14 days of this order. However, if Plaintiff fails to file an amended complaint within 14 days of this order, the Court will adopt the R & R as the order of the Court and dismiss the case with prejudice. Signed by Honorable Richard M Gergel on 3/7/2016. (kric, )

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF SOUTH CAROLINA

Simon Allen, Jr.,

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Plaintiff,

Civil Action No.: 6: I5-cv-51 08-RMG

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v.

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Captain Downey, Lt. Lark, and Lt. Butler,

ORDER

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Defendants.

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This matter comes before the Court on the Report & Recommendation (R & R) of the
Magistrate Judge. (Dkt. No.9). On December 29, 2015, Plaintiff, a pre-trial detainee, filed a
complaint against Defendants, who are all employees of the Greenwood County Detention
Center. (Dkt. No.1). The complaint alleges that Defendants denied plaintiff access to courts.
On January 7, 2016, the Magistrate Judge entered an order directing the Clerk not to authorize
service.

(Dkt. No.8).

And on that same day, the Magistrate Judge issued an R & R

recommending that the Court summarily dismiss the complaint with prejudice and without
service of process. (Dkt. No.9). Plaintiff subsequently moved to amend his complaint (Dkt.
Nos. 11, 12), and filed an objection l to the R & R (Dkt. No. 13).
The Court finds the Magistrate Judge's R & R to be a thorough summarization of the
facts and application of those facts to the relevant law. However, Pursuant to Rule 15 of the
Federal Rules of Civil Procedure, a party may amend its complaint once as a matter of course
within 21 days of service. Accordingly, this Court construes Plaintiffs motions (Dkt. Nos. 11,
12) as motions to amend pursuant to Rule 15, and GRANTS them. Plaintiff is ordered to file an
This objection does not address anything in the R & R. Instead, it "respectfully moves the
Court for 'immediate release' for the unlawful arrest on Sept. 03, 2013." (Dkt. No. l3 at 1). As
stated in the R & R, actions filed pursuant to 28 U.S.C. § 1983 are not the proper release for
seeking release from prison.
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amended complaint within 14 days of this order. However, if Plaintiff fails to file an amended
complaint within 14 days of this order, the Court will adopt the R & R as the order of the Court
and dismiss the case with prejudice.

AND IT IS SO ORDERED.

United States Distr ct Court Judge
March ~, 2016
Charleston, South Carolina

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