Coaxum v. Sanders et al

Filing 18

ORDER adopting 13 Report and Recommendations of Magistrate Judge Bristow Marchant to dismiss parties Sandra L. Holland, Berkeley County SheriffsOffice, Mary B. Brown, and Judge Wayne M. Creech. Signed by Honorable Joseph F Anderson, Jr on 11/30/10.(hhil, )

U N I T E D STATES DISTRICT COURT D IS T R IC T OF SOUTH CAROLINA

R o d n e y Lamar Coaxum, Sr.,

) ) P l a in tif f , ) v. ) ) R o s e m a r y Sanders; Sandra L. Holland; ) B e rk e le y County Sheriff's Office; Mary P. ) B ro w n , Clerk of Court; Wayne M. Creech, ) ) D e f e n d a n ts . ) ______________________________________ )

C /A No. 9:10-2599-JFA-BM

ORDER

T h e pro se plaintiff, Rodney Lamar Coaxum, Sr., is a detainee at the Berkeley County D e te n tio n Center. He brings this action pursuant to 42 U.S.C. § 1983 alleging a variety of claim s including jail conditions, interference with mail, issues regarding his family court c a s e , and his inability to earn good time credits. T h e Magistrate Judge assigned to this action 1 has prepared a thorough Report and R e c o m m e n d a tio n and opines that several of the defendants are entitled to dismissal. The R ep o rt sets forth in detail the relevant facts and standards of law on this matter, and the court in c o rp o ra te s such without a recitation. T h e plaintiff was advised of his right to file objections to the Report and R e c o m m e n d a tio n , which was entered on the docket on October 25, 2010. However, the

The Magistrate Judge's review is made in accordance with 28 U.S.C. § 636(b)(1)(B) and Local Civil Rule 73.02. The Magistrate Judge makes only a recommendation to this court. The recommendation has no presumptive weight, and the responsibility to make a final determination remains with the court. Mathews v. Weber, 423 U.S. 261 (1976). The court is charged with making a de novo determination of those portions of the Report and Recommendation 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 to the Magistrate Judge with instructions. See 28 U.S.C. § 636(b)(1).

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p la in tif f failed to file objections. In the absence of specific objections to the Report of the M a g is tra te Judge, this court is not required to give any explanation for adopting the re c o m m e n d a tio n . See Camby v. Davis, 718 F.2d 198, 199 (4th Cir. 1983). A s the Magistrate Judge correctly opines, defendant Judge Wayne Creech is immune f ro m suit for his judicial action in the plaintiff's child support case. Additionally, defendant M a r y P. Brown, Clerk of Court for Berkeley County, and Sandra L. Holland, Child Support C o o rd in a to r for Berkeley County are immune from suit because of quasi judicial immunity. F in a lly, the Magistrate Judge suggests that defendant Berkeley County Sheriff's Office is im m u n e from suit under the Eleventh Amendment to the Constitution. Accordingly, these d ef en d an ts should be dismissed from this action. The only remaining defendant is Rosemary S a n d e r s. A fte r carefully reviewing the applicable laws, the record in this case, and the Report a n d Recommendation, this court finds the Magistrate Judge's recommendation fairly and a c c u ra tel y summarizes the facts and applies the correct principles of law. The court, th e re f o re , adopts the recommendation of the Magistrate Judge in full and incorporates this R ep o r t by specific reference. Defendants Sandra L. Holland, Berkeley County Sheriff's O f f ice , Mary B. Brown, and Judge Wayne M. Creech are hereby dismissed as parties to this a c ti o n . T h i s case shall be returned to the Magistrate Judge for further proceedings. IT IS SO ORDERED.

N o v e m b e r 30, 2010 C o lu m b ia , South Carolina

J o s e p h F. Anderson, Jr. U n ite d States District Judge

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