Simmons v. Fox et al

Filing 21

ORDER RULING ON REPORT AND RECOMMENDATIONS for 14 Report and Recommendations. The Court adopts the Magistrate's Report and Recommendation in its entirety as the Order of this Court, and the Plaintiffs Complaint is dismissed without prejudice. Signed by Magistrate Judge Jacquelyn D Austin on 12/16/2011. (kric, )

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF SOUTH CAROLINA

Darren S. Simmons, #182509,
Plaintiff,

v.
Michelle D. Fox;
Shelly R. Stokes;
Amy Smith, RN, CHCA;
Michael J. Beinar, MD;
Warden Willie L. Eagleton;
AfW Robin Chavis;
AfW Rolland McFadden;
Ethel Redfern Miller;
Sued in their individual capacity under
color of state law,
Defendants.

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Case No.8: II-cv-2809-RMG
ORDER

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In this pro se action, Plaintiff contends that his civil rights were violated and that he is
entitled to relief pursuant to 42 U.S.C § 1983. Pursuant to 28 U.S.C. § 636(b) and Local Rule
73.02(B)(2)(d), DSC, the case was automatically referred to the United States Magistrate Judge for
pretrial proceedings and a Report and Recommendation. On November I, 2011, the Magistrate
Judge issued a Report and Recommendation recommending that Plaintiffs Complaint be dismissed
because the Complaint is duplicative of complaints which Plaintiff has filed in two other cases
before this Court. (Dkt. No. 14). The Magistrate Judge advised Plaintiff of the procedures and
requirements for filing objections to the Report and Recommendation and the serious consequences
ifhe failed to do so. (Id. at 6). Plaintiff did not file any objections. As explained herein, this Court
adopts the Magistrate's Report and Recommendation and dismisses Plaintiffs Complaint.

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LAWI ANALYSIS

The Magistrate Judge makes only a recommendation to this Court. The recommendation has
no presumptive weight, and responsibility for making a final determination remains with this Court.
Mathews v. Weber, 423 U.S. 261,270-71 (1976). This Court is charged with making a de novo

determination of those portions of the Report and Recommendation to which specific objection is
made, and this Court may "accept, reject, or modifY, in whole or in part, the findings or
recommendations made by the magistrate." 28 U.S.c. § 636(b)(1). This Court may also "receive
further evidence or recommit the matter to the magistrate with instructions." Id. In the absence of
specific objections to the Report and Recommendation, this Court is not required to give any
explanation for adopting the recommendation. Camby v. Davis, 718 F.2d 198 (4th Cir. 1983).
The Court, having reviewed the Report and Recommendation, Plaintiff's Complaint in this
case and the related cases, and the applicable legal standards, hereby adopts the Report and
Recommendation of the Magistrate Judge (Dkt. No. 14) as the order of the Court. As explained in
the Report and Recommendation, Plaintiff has two other cases pending before this Court which
allege deliberate indifference to medical needs against the same Defendants named in this case,
based on substantially the same set of facts. See Darren S. Simmons v. Robert Schulze, et at., Civil
Action No. 8:11-703-RMG-JDA (D.S.C.) (removed from the Marlboro County Court of Common
Pleas on March 23,2011); Darren S. Simmons v. Nurse Shelly Stokes, et al., Civil Action No.8: 11­
00175-RMG-JDA (D.S.C.) (received by the Court for filing on January 24, 2011). Thus, Plaintiff's
Complaint in this case should be dismissed. See Cottle v. Bell, No. 00-6367,2000 WL 1144623, at

*1 (4th

Cir. Aug. 14, 2000) ("Because district courts are not required to entertain duplicative

lawsuits, they may dismiss such suits as frivolous pursuant to § 1915(e). "); Aziz v. Burrows, 976 F .2d
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1158 (8th Cir. 1998) ("[D]istrict courts may dismiss a duplicative complaint raising issues directly
related to issues in another pending action brought by the same party".); see also Aloe Creme

Laboratories, Inc. v. Francine Co., 425 F.2d 1295,1296 (5th Cir. 1970) ("The District Court clearly
had the right to take notice of its own files and records and it had no duty to grind the same com a
second time. Once was sufficient. ").
Therefore, the Court adopts the Magistrate's Report and Recommendation in its entirety
as the Order of this Court, and the Plaintiffs Complaint is dismissed without prejudice.

AN~ S.O 0.RDERED .
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December~, 2011

Charleston, South Carolina

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