Redden v. McMaster et al

Filing 12

ORDER RULING ON REPORT AND RECOMMENDATIONS for 8 Report and Recommendations, that this matter is dismissed without prejudice and without issuance and service of process. Signed by Honorable Cameron McGowan Currie on 9/29/08. (mdoe, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA GREENWOOD DIVISION Danny Russell Redden, #320117, ) ) Plaintiff, ) ) v. ) ) Henry Dargan McMaster, Attorney General; ) S. Prentiss Counts, Assistant Attorney ) General; Deborah R.J. Shupe, Assistant ) Attorney General; John Doe, Horry County ) Solicitor's Office; Harold W. Gowdy, III, ) Solicitor Seventh Judicial Circuit; Mark ) Morin, Assistant Solicitor Cherokee ) County, ) ) Defendants. ) ___________________________________ ) C/A NO. 8:08-2845-CMC-BHH ORDER This matter is before the court on Plaintiff's pro se complaint, filed in this court pursuant to 42 U.S.C. 1983. In accordance with 28 U.S.C. 636(b) and Local Civil Rule 73.02 (B)(2)(d), DSC, this matter was referred to United States Magistrate Judge Bruce Howe Hendricks for pre-trial proceedings and a Report and Recommendation ("Report"). On August 20, 2008, the Magistrate Judge issued a Report recommending that this matter be dismissed without prejudice and without issuance and service of process. The Magistrate Judge advised Plaintiff of the procedures and requirements for filing objections to the Report and the serious consequences if he failed to do so. Plaintiff filed objections to the Report on September 9, 2008. The Magistrate Judge makes only a recommendation to this court. The recommendation has no presumptive weight, and the responsibility to make a final determination remains with the court. See Mathews v. Weber, 423 U.S. 261 (1976). The court is charged with making a de novo determination of any portion of the Report of the Magistrate Judge to which a 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 to the Magistrate Judge with instructions. See 28 U.S.C. 636(b). After reviewing the record of this matter, the applicable law, the Report and Recommendation of the Magistrate Judge, and Plaintiff's objections, the court agrees with the conclusions of the Magistrate Judge. Accordingly, the court adopts and incorporates the Report and Recommendation by reference in this Order. This matter is dismissed without prejudice and without issuance and service of process. IT IS SO ORDERED. s/ Cameron McGowan Currie CAMERON MCGOWAN CURRIE UNITED STATES DISTRICT JUDGE Columbia, South Carolina September 29, 2008 C:\Documents and Settings\msd16\Local Settings\Temp\notes6030C8\08-2845 Redden v. McMaster e adopt rr dism wo prej wo svc process.wpd 2

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