Rogers v. Young et al

Filing 17

ORDER ADOPTING 15 REPORT AND RECOMMENDATIONS granting 12 Motion to Dismiss filed by Hayward L Rogers. Signed by Honorable Margaret B Seymour on 12/9/08. (jtho, )

IN THE UNITED STATES DISTRICT COURT F O R THE DISTRICT OF SOUTH CAROLINA H a yw a rd L. Rogers, #278510, ) ) C/A No. 8:08-3569-MBS P l a i n t i f f, ) ) vs. ) ) ORDER J o yc e Young, et al, ) ) D e fe n d a n t s . ) ____________________________________) P la in tiff Hayward L. Rogers is an inmate in custody of the South Carolina Department of C o r re c t i o n s . He currently is housed at the McCormick Correctional Institution in McCormick, South C a ro lin a . Plaintiff, proceeding pro se, originally filed this action in state court, alleging deprivation o f his constitutional rights. Defendants removed this case on October 22, 2008 on the grounds of fe d e ra l question jurisdiction. See 28 U.S.C. §§ 1331, 1441. T h is matter currently is before the court on motion for voluntarily dismissal filed by Plaintiff o n November 7, 2008 (Entry 12). In accordance with 28 U.S.C. § 636(b) and Local Rule 73.02, D .S . C . , this matter was referred to United States Magistrate Judge Bruce H. Hendricks for pretrial h a n d l in g . On November 12, 2008, the Magistrate Judge issued a Report and Recommendation in w h i c h she recommended that Plaintiff's motion be treated as a voluntary dismissal without prejudice p u r s u a n t to Fed. R. Civ. P. 41(a)(1). No party filed an objection to the Report. T h e Magistrate Judge makes only a recommendation to this court. The recommendation has n o presumptive weight. The responsibility for making a final determination remains with this court. M a th e w s v. Weber, 423 U.S. 261, 270 (1976). The court is charged with making a de novo d e t e r m i n a t io n of any portions of the Report and Recommendation to which a specific objection is m a d e . The court may accept, reject, or modify, in whole or in part, the recommendation made by the

M a gis tra te Judge or may recommit the matter to the Magistrate Judge with instructions. 28 U.S.C. § 636(b)(1). In the absence of objections to the Report, this court is not required to give any e x p l a n a t i o n for adopting the recommendation. Camby v. Davis, 718 F.2d 198, 199 (4th Cir. 1983). T h e court adopts the Report and Recommendation and incorporates it herein by reference. T h e court construes Plaintiff's motion as a motion for voluntary dismissal pursuant to Fed. R. Civ. P . 41(a)(1). Plaintiff''s motion to dismiss is granted, without prejudice. IT IS SO ORDERED.

/ s / Margaret B. Seymour United States District Judge C o l u m b ia , South Carolina D e ce m b e r 9, 2008

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