Estep v. Johnson et al

Filing 14

ORDER adopting 9 Report and Recommendation, that the complaint is DISMISSED as to Evans Correctional Institution, without prejudice and without issuance and service of process. Signed by Honorable Timothy M Cain on 8/4/14. (kmca)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
ANDERSON/GREENWOOD DIVISION
Ronald Estep, #344622,
a/k/a Ronald H. Estep,
Plaintiff,
vs.
Nurse Johnson, individual and in her
official capacity; Nurse McQueen,
individual and in her official capacity;
Evans Correctional Institution,
Defendants.

)
)
)
)
)
)
)
)
)
)
)
)
)
)

Civil Action No. 8:14-2569-TMC-JDA

ORDER

Plaintiff, a state prisoner proceeding pro se, brought this action pursuant to 42 U.S.C. §
1983. In accordance with 28 U.S.C. § 636(b)(1) and Local Civil Rule 73.02, DSC., this matter
was referred to a magistrate judge for pretrial handling. Before the court is the magistrate judge’s
Report and Recommendation (“Report”), recommending that the court dismiss the complaint,
without prejudice and without issuance and service of process, as to Evans Correctional
Institution. (ECF No. 9.) Although advised of his right to do so, Plaintiff has not filed any
objections to the Report and the time to do so has now run.
The Report has no presumptive weight and the responsibility to make a final
determination in this matter remains with this court. See Mathews v. Weber, 423 U.S. 261, 27071 (1976). In the absence of objections, this court is not required to provide an explanation for
adopting the Report. See Camby v. Davis, 718 F.2d 198, 199 (4th Cir. 1983). Rather, “in the
absence of a timely filed objection, a district court need not conduct a de novo review, but
instead must only satisfy itself that there is no clear error on the face of the record in order to

accept the recommendation.” Diamond v. Colonial Life & Acc. Ins. Co., 416 F.3d 310, 315 (4th
Cir. 2005) (quoting Fed. R. Civ. P. 72 advisory committee’s note).
After a thorough review of the record in this case, the court finds no clear error and, thus,
adopts the Report (ECF No. 9) and incorporates it herein. Therefore, the complaint is
DISMISSED as to Evans Correctional Institution, without prejudice and without issuance and
service of process.
IT IS SO ORDERED.
s/Timothy M. Cain
United States District Judge
August 4, 2014
Anderson, South Carolina