McFarland v. Cherokee County Sheriff's Office et al

Filing 19

ORDER RULING ON REPORT AND RECOMMENDATION 15 . Plaintiffs complaint is hereby DISMISSED without prejudice and without issuance and service of process. Signed by Chief Judge Terry L Wooten on 5/22/201. (kric, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA SPARTANBURG DIVISION Michael Kevin McFarland, C/A No. 7:17-cv-00519-TLW-KFM Plaintiff, v. Cherokee County Sheriff’s Office, Bill Blanton, Thomas E. Shealy, ORDER Defendants. Plaintiff Michael Kevin McFarland, proceeding pro se and in forma pauperis, filed this action alleging violations of his constitutional rights pursuant to 42 U.S.C. § 1983. 1 ECF No. 1. The matter now comes before this Court for review of the Report and Recommendation (R&R) filed by Magistrate Judge McDonald to whom this case was assigned pursuant to the provisions of 28 U.S.C. § 636(b)(1)(B) and Local Civil Rule 73.02(B)(2), DSC. ECF No. 15. In the R&R, the Magistrate Judge recommends that the Court dismiss Plaintiff’s complaint without prejudice and without issuance and service of process. Objections to the R&R were due on April 7, 2017, and Plaintiff filed no objections. This Court is charged with conducting a de novo review of any portion of the Magistrate Judge’s R&R to which a specific objection is registered, and may accept, reject, or modify, in whole or in part, the recommendations contained in that R&R. 28 U.S.C. § 636. In the absence of objections to the R&R, 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). 1 While this case was pending, it appears that Plaintiff was released from custody after maxxing out his 20-year sentence for Burglary, First Degree. ECF No. 10. This Court carefully reviewed the R&R in this case. Noting that Plaintiff filed no objections and noting his recent release from incarceration, the R&R is hereby ACCEPTED. Therefore, for the reasons articulated by the Magistrate Judge in the R&R, Plaintiff’s complaint is hereby DISMISSED without prejudice and without issuance and service of process. IT IS SO ORDERED. s/Terry L. Wooten Chief United States District Judge May 22, 2017 Columbia, South Carolina

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