Mitchell v. Allen et al
Filing
17
OPINION AND ORDER RULING ON REPORT AND RECOMMENDATIONS adopting 11 Report and Recommendations, denying 2 Motion for Preliminary Injunction filed by Bennie Darren Mitchell, terminating 5 Motion to Appoint Counsel filed by Bennie Darren Mitchell. This action is dismissed without prejudice and without issuance and service of process. Signed by Honorable Cameron McGowan Currie on 3/9/2012. (ssam, ) Modified to edit text on 3/9/2012 (ssam, ).
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
ANDERSON/GREENWOOD DIVISION
Bennie Darren Mitchell,
)
)
Plaintiff,
)
)
v.
)
)
Desiree R. Allen; and Joy E. Holston,
)
)
Defendants.
)
___________________________________ )
C/A NO. 8:11-3361-CMC-BM
OPINION and 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 Bristow Marchant for pre-trial proceedings
and a Report and Recommendation (“Report”). On January 17, 2012, the Magistrate Judge issued
a Report recommending that Plaintiff’s motion for temporary restraining order/preliminary
injunction be denied and the complaint 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 January 30, 2012.
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
1
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 conducting a de novo review as to objections made, and considering the record, 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.
Plaintiff’s objections offer repeated conclusory assertions that he has adequately pleaded and
shown a violation of constitutional rights, and that he should be allowed to proceed and be granted
injunctive relief. However, these conclusory assertions without more do not address any alleged
infirmities of the Report.
Therefore, Plaintiff’s motion for temporary restraining order/preliminary injunction (ECF No.
2) is denied, and this action is dismissed without prejudice and without issuance and service of
process.1
IT IS SO ORDERED.
s/ Cameron McGowan Currie
CAMERON MCGOWAN CURRIE
UNITED STATES DISTRICT JUDGE
Columbia, South Carolina
March 9, 2012
1
The Magistrate Judge’s Order filed January 17, 2012, denied Plaintiff’s motion for
appointment of counsel. See Order at 2 (ECF No. 9). The Clerk is directed to terminate this motion.
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?