Trotter v. Harris

Filing 12

ORDER ADOPTING REPORT AND RECOMMENDATIONS 8 , dismissing this action without prejudice and without issuance and service of process. Signed by Honorable Terry L Wooten on 9/29/09. (rpol, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA FLORENCE DIVISION Marvin Lee Trotter, ) ) Plaintiff, ) ) vs. ) ) Bradley Scott Harris, ) ) Defendant. ) ____________________________________)

Civil Action No.: 9:09-00542-TLW-BM

ORDER
The plaintiff, Marvin Lee Trotter ("plaintiff"), proceeding pro se, filed this civil action pursuant to 42 U.S.C. § 1983. (Doc. #1). The case was referred to Magistrate Judge Bristow Marchant pursuant to the provisions of 28 U.S.C. § 636(b)(1)(B) and Local Rule 73.02 (B)(2)(c), DSC. This matter now comes before this Court for review of the Report and Recommendation ("the Report") filed by the Magistrate Judge to whom this case had previously been assigned. (Doc. #8). On March 18, 2009 the Magistrate Judge issued the Report. In the Report, the Magistrate Judge recommends that the complaint in this action be dismissed without prejudice and without issuance and service of process. (Doc. #8). The plaintiff filed no objections to the report. Objections were due on April 6, 2009. This Court is charged with conducting a de novo review of any portion of the Magistrate Judge's Report and Recommendation to which a specific objection is registered, and may accept, reject, or modify, in whole or in part, the recommendations contained in that report. 28 U.S.C. § 636. In the absence of objections to the Report and Recommendation of the Magistrate Judge, this

Court is not required to give any explanation for adopting the recommendation. See Camby v. Davis, 718 F.2d 198, 199 (4th Cir. 1983). The Court has carefully reviewed the Magistrate Judge's Report and Recommendation. It is hereby ORDERED that the Magistrate Judge's Report and Recommendation is ACCEPTED. (Doc. #8). For the reasons articulated by the Magistrate Judge, the complaint in this case is DISMISSED without prejudice and without issuance and service of process. IT IS SO ORDERED. s/Terry L. Wooten United States District Judge September 29, 2009 Florence, South Carolina

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