Knox v. Klimbal et al

Filing 17

OPINION AND ORDER adopting the 14 Report and Recommendation and summarily dismissing the complaint without prejudice and without issuance and service of process. Signed by Honorable Henry M. Herlong, Jr. on 5/3/2017. (bgoo)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
GREENVILLE DIVISION
Tito Knox,

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Plaintiff,
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vs.
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Elena Klimbal, PMHNPPC, Officer Graham,)
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Defendants.
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C.A. No. 6:17-713-HMH-PJG
OPINION & ORDER

This matter is before the court with the Report and Recommendation of United States
Magistrate Judge Paige J. Gossett, made in accordance with 28 U.S.C. § 636(b)(1) and Local
Civil Rule 73.02 of the District of South Carolina.1 Tito Knox (“Knox”), proceeding pro se,
alleges a violation of 42 U.S.C. § 1983. In her Report and Recommendation, Magistrate Judge
Gossett recommends dismissing this case without prejudice and without issuance of service of
process because it is barred by Heck v. Humphrey, 512 U.S. 477 (1994). (R&R 4, ECF No. 14.)
Knox 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.
1984). In the absence of specific objections to the Report and Recommendation of the magistrate

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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).

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 Knox’s objections are non-specific, unrelated to the
dispositive portions of the magistrate judge’s Report and Recommendation, or merely restate his
claims. Accordingly, after review, the court finds that Knox’s objections are without merit.
Therefore, after a thorough review of the magistrate judge’s Report and the record in this case,
the court adopts Magistrate Judge Gossett’s Report and Recommendation and incorporates it
herein by reference.
It is therefore
ORDERED that Knox’s complaint is summarily dismissed without prejudice and
without issuance and service of process.
IT IS SO ORDERED.

s/Henry M. Herlong, Jr.
Senior United States District Judge
Greenville, South Carolina
May 3, 2017
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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