Sumpter v. Georgetown County Detention Center et al

Filing 27

ORDER adopting 12 Report and Recommendation. Accordingly, plaintiff's 9 motion for a temporary restraining order is denied without prejudice. Plaintiff may refile the motion after the case is brought into proper form and all parties are properly served. Plaintiff's 16 motion to extend time is moot, as the plaintiff has already filed objections to the Report. Signed by Honorable Joseph F Anderson, Jr on 3/18/14. (kmca)

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

Mitchell Sumpter,
Plaintiff,
vs.
Georgetown County Detention Center; A.
Lane Cribb, Sheriff of Georgetown County;
Michael A. Schwartz, Administrator; Southern
Health Partners; Head Nurse Connie; Nurse
Dorean; Dr. Reeves; Capt. Wineglass; All
Captains; All Lieutenants; All Sergeants; All
Corporals; All Staff; Myrtle Beach Grand
Strand Hospital; Doctor Davison; all in
individual and official capacities,
Defendants.
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C/A No. 8:14-106-JFA-JDA

ORDER

The pro se plaintiff, Mitchell Sumpter, is an inmate at the Georgetown County
Detention Center. He brings this action pursuant to 42 U.S.C. § 1983 alleging various
violations of his constitutional rights.
The Magistrate Judge assigned to this action1 has prepared a Report and
Recommendation and opines that the plaintiff’s motion for a temporary restraining order/
preliminary injunction should be denied without prejudice because the case has not been
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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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brought in proper form. In addition, the Magistrate Judge notes that she has not determined
yet whether service of process of the complaint should be authorized on the defendants. 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 and he has timely done so. The plaintiff objects to the Report of the
Magistrate Judge, essentially repeating all the arguments made in his initial motion for a
preliminary injunction.
As the Magistrate Judge notes in her Report, under Fed. R. Civ. P. 65(a), a district
court may issue a temporary restraining order only on notice to the adverse party. Because
this case is still not in proper form, it is not appropriate for the court to decide this motion at
this time.
After carefully reviewing the applicable laws, the record in this case, the Report and
Recommendation, and the objections thereto, this court adopts and incorporates the Report
herein by reference.
Accordingly, plaintiff’s motion for a temporary restraining order (ECF No. 9) is
denied without prejudice. Plaintiff may refile the motion after the case is brought into proper
form and all parties are properly served.
The Clerk shall docket the plaintiff’s motion to extend time (ECF No. 16) moot, as
the plaintiff has already filed objections to the Report.

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IT IS SO ORDERED.

March 18, 2014
Columbia, South Carolina

Joseph F. Anderson, Jr.
United States District Judge

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