James v. McCall et al

Filing 14

ORDER adopting Report and Recommendations of Magistrate Judge Bristow Marchant. The complaint is therefore DISMISSED without prejudice and without issuance and service of process. Signed by Honorable Terry L. Wooten on 12/2/2011.(cwhi, ) Modified on 12/2/2011 to correct judge association. (cwhi, ).

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Michael D. James,
Plaintiff,
vs.
Michael McCall, Warden of Perry C.I., et al.
Defendants.
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Civil Action No. 9:11-2597-TLW-BM

ORDER
On September 28, 2011, the Plaintiff, Michael D. James (“Plaintiff”), proceeding pro se
and in forma pauperis, filed this civil action pursuant to 42 U.S.C. § 1983. (Doc. # 1).
The matter now comes before this Court for review of the Report and Recommendation
(“the Report”) filed by Magistrate Judge Bristow Marchant to whom this case had previously
been assigned. In the Report, the Magistrate Judge recommends that Plaintiff’s complaint be
dismissed without prejudice and without issuance and service of process pursuant to 28 U.S.C. §
1915(e)(2)(B). (Doc. # 9). Objections were due on November 7, 2011. Plaintiff has filed no
objections to the Report.
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.
For the reasons articulated by the Magistrate Judge, it is hereby ORDERED that the Magistrate
Judge’s Report and Recommendation is ACCEPTED. (Doc. # 9). The complaint is therefore
DISMISSED without prejudice and without issuance and service of process.
IT IS SO ORDERED.

December 2, 2011
Florence, South Carolina

__s/Terry L. Wooten______
United States District Judge