Hunt v. Beaufort County Detention Center et al

Filing 38

ORDER RULING ON REPORT AND RECOMMENDATION adopts 17 Report and Recommendation. Defendant Beaufort County Detention Center medical is DISMISSED from Plaintiffs action without prejudice and without issuance and service of process. Signed by Honorable Timothy M Cain on 2/4/2016. (gpre, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
ANDERSON/GREENWOOD DIVISION
Kalvin Dontay Hunt,

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Plaintiff,
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vs.
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Beaufort County Detention Center medical; )
Phillip Foot; Karen Singleton; Major Allen; )
Lt. Grant,
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Defendants.
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)

Civil Action No. 8:15-4386-TMC-JDA

ORDER

Plaintiff, Kalvin Dontay Hunt, proceeding pro se, filed this action pursuant to 42 U.S.C. §
1983. In accordance with 28 U.S.C. § 636(b)(1) and Local Civ. 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 Defendant Beaufort
County Detention Center be dismissed from this action without prejudice and without issuance
and service of process. (ECF No. 17). Plaintiff was advised of his right to file objections to the
Report. (ECF No. 17 at 6). Plaintiff has filed objections. (ECF No. 21).
The magistrate judge makes only a recommendation to the court. 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, 270-71 (1976). In making that
determination, the court is charged with conducting a de novo review of those portions of the
Report to which either party specifically objects. See 28 U.S.C. § 636(b)(1). Then, the court may
accept, reject, or modify the Report or recommit the matter to the magistrate judge. Id.
The Report recommended dismissing Defendant Beaufort County Detention Center
medical because it is not a person subject to suit pursuant to § 1983. (ECF No. 17 at 3).
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Although Plaintiff has filed objections, his objections are unspecific and do not relate to whether
Beaufort County Detention Center should be dismissed from this action. (ECF No. 21). Instead
his objections raise a litany of questions that Plaintiff would like to ask the individual defendants
named in the complaint. (ECF No. 21). Because the Report does not address the dismissal of
the individual defendants, these questions are unrelated to the dispositive portions of the Report.
Therefore, after a thorough review of the Report and the record in this case, the court
adopts the Magistrate Judge's Report (ECF No. 17) and incorporates it herein. It is therefore
ORDERED that Defendant Beaufort County Detention Center medical is hereby DISMISSED
from Plaintiff’s action without prejudice and without issuance and service of process.
IT IS SO ORDERED.
s/Timothy M. Cain
United States District Judge
February 4, 2016
Anderson, South Carolina

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