Harbin v. Partin et al

Filing 18

ORDER RULING ON REPORT AND RECOMMENDATION 10 . It is the judgment of this Court Plaintiffs motion for a TRO/PI is DENIED. Signed by Honorable Mary Geiger Lewis on 3/22/2017. (kric, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA ANDERSON/GREENWOOD DIVISION JASON A. HARBIN, Plaintiff, vs. LORI PARTIN, JULIAN L. STOUDEMIRE, STOUDEMIRE & SPROUSE LAW, PA, Defendants. § § § § CIVIL ACTION NO. 8:17-575-MGL-JDA § § § § ORDER ADOPTING THE REPORT AND RECOMMENDATION AND DENYING PLAINTIFF’S MOTION FOR A TEMPORARY RESTRAINING ORDER/PRELIMINARY INJUNCTION Plaintiff filed this action under 42 U.S.C. § 1983. He is proceeding pro se. The matter is before the Court for review of the Report and Recommendation (Report) of the United States Magistrate Judge suggesting Plaintiff’s motion for a temporary restraining order (TRO)/preliminary injunction (PI) be denied. The Report was made in accordance with 28 U.S.C. § 636 and Local Civil Rule 73.02 for the District of South Carolina. The Magistrate Judge makes only a recommendation to this Court. The recommendation has no presumptive weight. The responsibility to make a final determination remains with the Court. Mathews v. Weber, 423 U.S. 261, 270 (1976). The Court is charged with making a de novo determination of those portions of the Report 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 with instructions. 28 U.S.C. § 636(b)(1). The Magistrate Judge filed the Report on March 3, 2017, and the Clerk of Court entered Plaintiff’s objections on March 22, 2017. The Court has reviewed the objections, but holds them to be without merit. Hence, it will enter judgment accordingly. This Court does not sit to consider appeals from the state courts. Nevertheless, that is exactly what Plaintiff appears to be requesting this Court to do. Because it is outside the province of this Court to hear such appeals, Plaintiff’s objections are overruled. After a thorough review of the Report and the record in this case pursuant to the standard set forth above, the Court overrules Plaintiff’s objections, adopts the Report to the extent it does not contradict this Order, and incorporates it herein. Therefore, it is the judgment of this Court Plaintiff’s motion for a TRO/PI is DENIED. IT IS SO ORDERED. Signed this 22nd day of March, 2017, in Columbia, South Carolina. s/ Mary Geiger Lewis MARY GEIGER LEWIS UNITED STATES DISTRICT JUDGE ***** NOTICE OF RIGHT TO APPEAL Plaintiff is hereby notified of the right to appeal this Order within thirty days from the date hereof, pursuant to Rules 3 and 4 of the Federal Rules of Appellate Procedure. 2

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