Walker v. Thomas

Filing 40

ORDER adopting Report and Recommendations of Magistrate Judge Bristow Marchant and granting 25 Motion for Summary Judgment. Plaintiffs complaint is dismissed for failure to exhaust his administrative remedies. Signed by Honorable Joseph F Anderson, Jr on 6/4/2013.(cwhi, )

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA

Lowell Thomas Walker,
Plaintiff,
v.
Benjamin Thomas,
Defendant.
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C/A No. 9:12-1859-JFA-BM

ORDER

The pro se plaintiff, Lowell Thomas Walker, brings this action pursuant to 42 U.S.C.
§ 1983, alleging that the defendant was deliberately indifferent to his medical needs
regarding a broken tooth. The plaintiff was a pretrial detainee at the Lexington County
Detention Center at the time this action was filed and he has since been released from
custody.
The Magistrate Judge assigned to this action1 has prepared a Report and
Recommendation and opines that the plaintiff has failed to exhaust his administrative
remedies and that the defendant’s motion for summary judgment should be granted. The
Report sets forth in detail the relevant facts and standards of law on this matter, and the court
incorporates such without a recitation.

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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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The plaintiff was notified of his right to file objections to the Report and
Recommendation. The plaintiff filed a one-page objection memorandum to the Report
merely noting that it was unjust for the defendant to “mess up people mouths.” The
plaintiff’s objection is overruled.
The Magistrate Judge properly notes in his Report that prisoners must exhaust their
administrative remedies prior to filing suit in federal court challenging prison conditions.
The Magistrate Judge opines that the defendant has met its burden of showing that the
plaintiff failed to exhaust his administrative remedies. Moreover, the Magistrate Judge
suggests that plaintiff has failed to show that the defendant was deliberately indifferent to
his medical condition.
After carefully reviewing the applicable laws, the record in this case, the Report and
Recommendation, and the objections thereto, 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, the defendant’s motion for summary judgment on the issue of exhaustion
is granted and plaintiff’s complaint is dismissed for failure to exhaust his administrative
remedies.
IT IS SO ORDERED.

June 4, 2013
Columbia, South Carolina

Joseph F. Anderson, Jr.
United States District Judge

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