Allen v. Downey et al

Filing 28

ORDER RULING ON REPORT AND RECOMMENDATION 26 . The Court summarily dismisses the case with prejudice and without service of process. Signed by Honorable Richard M Gergel on 6/14/2016. (kric, )

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF SOUTH CAROLINA

Simon Allen, Jr.,

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Plaintiff,

Civil Action No.: 6:15-cv-5108-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 recommending that Plaintiffs amended complaint be summarily dismissed
with prejudice and without service of process. (Dkt. No. 26). On April 20, 2016, Plaintiff filed
an amended complaint against Defendants, who are all employees of the Greenwood County
Detention Center.

(Dkt. No. 23).

The amended complaint alleges that Defendants denied

Plaintiff access to courts because the mail that he sent from the Greenwood County Detention
Center was not received by others, specifically the Bureau of Prisons. (Id.).
Where a Magistrate Judge has submitted to a District Court a R & R, any party may file
written objections within 14 days of the issuance of the R & R. 28 U.S.c. § 636(b)(1); Fed. R.
Civ. P. 72(b)(2). A District Court must "make a de novo determination of those portions of the
report ... or recommendations to which objection is made." 28 U.S.C. § 636(b)(I). Where no
timely filed objection has been made, the District Court is obligated to review the R & R to
confirm that "there is no clear error on the face of the record in order to accept the
recommendation." Diamond v. Colonial Life & Accident Ins. Co., 416 F.3d 310, 315 (4th Cir.
2005).

The Court has reviewed the record in this matter, the R & R of the Magistrate Judge, and
the applicable law. The Court finds that the Magistrate Judge has ably and thoroughly addressed
the factual and legal issues in this matter. Accordingly, the Court hereby ADOPTS the R & R as
the order of the Court and summarily dismisses the case with prejudice and without service of
process.
AND IT IS SO ORDERED.

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United States District Court Judge

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June
2016
Charleston, South Carolina

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