Thompson v. Georgetown County Detention Center et al
Filing
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ORDER adopting Report and Recommendations of Magistrate Judge Bristow Marchant. Defendant Georgetown County Detention Center is dismissed without prejudice and without issuance of service of process. Signed by Honorable Joseph F Anderson, Jr on 1/12/2012.(cwhi, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
BEAUFORT DIVISION
Michael A. Thompson,
Plaintiff,
vs.
Georgetown County Detention Center;
Carroll Rodgers, Head Nurse;
Jamie Poinsett, Sargent Georgetown
County Detention Center,
Defendant.
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C/A No.: 9:11-cv-02894-JFA-BM
ORDER
This matter comes before the court on the Report and Recommendation (“R&R”)
issued by a United States Magistrate Judge. The Magistrate Judge has recommended that
this court dismiss Defendant Georgetown County Detention Center (“GCDC”) because
GCDC is not a proper party defendant in this § 1983 action.
The Magistrate Judge assigned to this action1 has prepared a thorough Report and
Recommendation and opines that Defendant GCDC should be dismissed from the instant
action, as GCDC is not a proper defendant upon whom the United States Marshals
Service could effect service of process, and against whom relief could be granted by this
1
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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court. The Report sets forth in detail the relevant facts and standards of law on this
matter, and the court incorporates such without a recitation.
The plaintiff was advised of his right to file objections to the Report and
Recommendation, which was entered on the docket on December 6, 2011. However, the
plaintiff failed to file objections. In the absence of specific objections to the Report 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).
After carefully reviewing the applicable laws, the record in this case, and the
Report and Recommendation, this court finds the Magistrate Judge’s recommendation
fairly and accurately summarizes the facts and applies the correct principles of law. The
Report is incorporated herein by reference.
Accordingly, Defendant Georgetown County Detention Center is dismissed
without prejudice and without issuance of service of process.
IT IS SO ORDERED.
January 12, 2012
Columbia, South Carolina
Joseph F. Anderson, Jr.
United States District Judge
2
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