Harbin v. Partin et al
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, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
JASON A. HARBIN,
LORI PARTIN, JULIAN L. STOUDEMIRE,
STOUDEMIRE & SPROUSE LAW, PA,
§ CIVIL ACTION NO. 8:17-575-MGL-JDA
ORDER ADOPTING THE REPORT AND RECOMMENDATION AND
DENYING PLAINTIFF’S MOTION FOR A TEMPORARY RESTRAINING
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.
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