Demorcy v. Cook et al

Filing 64

ORDER Adopting 38 and 49 Report and Recommendation. The 34 Motion for TRO is denied, and this action is dismissed with prejudice. All other pending motions ( 56 motion for medical records, 57 motion for TRO & transfer) are now moot. Signed by Honorable Joseph F Anderson, Jr on 9/23/13. (kmca)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA

Jamal Alexander Demorcy,
Plaintiff,
vs.
Samuel Cook, President; and William Davis,
Defendants.

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C/A No.: 8:13-1494-JFA-JDA

ORDER

The pro se plaintiff, Jamal Demorcy, brings this civil action in forma pauperis and
pursuant to 42 U.S.C. § 1983, alleging various constitutional violations. He is an inmate with
the South Carolina Department of Corrections.
The Magistrate Judge assigned to this action1 has prepared a Report and
Recommendation and opines that this action should be summarily dismissed. She also
recommends that the plaintiff’s motion for a temporary restraining order be denied. The
Report sets forth in detail the relevant facts and standards of law on this matter, and the court
incorporates such without a recitation.
The plaintiff was advised of his right to file objections to the Report and
Recommendation. He has filed a variety of documents which have been carefully considered

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The Magistrate Judge’s review is made in accordance with 28 U.S.C. § 636(b)(1)(B) and Local Civil Rule 73.02. 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. Mathews v. Weber, 423 U.S. 261 (1976). The court
is charged with making a de novo determination of those portions of the Report and Recommendation to which specific
objection is made, and the court may accept, reject, or modify, in whole or in part, the recommendation of the Magistrate
Judge, or recommit the matter to the Magistrate Judge with instructions. See 28 U.S.C. § 636(b)(1).

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by the court and found to have no merit.
The Magistrate Judge is of the opinion that the complaint should be dismissed on
grounds of frivolousness. As an example of the bizarre nature of the claims asserted in this
action, plaintiff apparently contends that correctional officers allegedly physically assaulted
him several times upon orders given to him by defendant Samuel Cook, whom the plaintiff
alleges is the President of the United States. He further alleges that defendant Cook
“supplied the people who I had been kidnapped by with funds, firearms, AIDS, and
attempted to give me such virus.” Plaintiff also seems to allege that he has been given
injections that almost have caused him cancer and that he has been kidnapped. He alleges
that he has been poisoned by some family members of the defendants who are also alleged
to have been involved in his kidnapping.
Plaintiff’s request for a temporary restraining order (TRO) contains equally frivolous
allegations. He seems to allege that illegal immigrants are holding him captive and that his
case will be overturned by higher courts in West Virginia or by the President of the United
States. He alleges that “President” William Davis has “caused the world conflict via the
virus” known as AIDS and “the rapes they have brought forward to many people of the
world.” Plaintiff asks for a TRO requiring that he be transferred as quickly as possible, or
alternatively, to be set free because his Eighth Amendment rights are being violated.
This court has made an earnest attempt to review the objections filed by the plaintiff
in an effort to discern whether there is even the slightest degree of merit to any of the claims
asserted. The court has found none. As an example of the objections filed by the plaintiff,
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he contends “I, Jamel Demorcy am seeking out full processing and pro judgment [sic] for
recommendation for full U.S. Marshals forms to be served on my defendants/Samuel Cook
(President) William Davis.” Later in his objection memorandum, plaintiff states, “With the
world undergoing many problems my quest is for insight on the world’s major outbreaks
every place and local states with sauls being caught with several syringes on the Department
of Corrections or the City of America. My concerns are all based on my investigations
during placed on the Department of Corrections.”
This court agrees with the Magistrate Judge that summary dismissal is appropriate in
this case. Accordingly, the objections are all overruled, the Report and Recommendations
(ECF Nos. 38 and 49) on both the complaint and the motion for TRO are adopted and
incorporated herein by reference; the motion for a TRO (ECF No. 34) is denied, and this
action is dismissed with prejudice. All other pending motions are now moot.
IT IS SO ORDERED.

September 23, 2013
Columbia, South Carolina

Joseph F. Anderson, Jr.
United States District Judge

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