Baccus v. Florian et al
ORDER affirming 14 Report and Recommendation; finding as moot 16 Motion for expedited proceedings. Signed by Honorable David C Norton on 10/17/2012.(eric, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
John Baccus, #187393, a/k/a John Roosevelt
Chris Florian; Jordan Moore; William P. Byars, Jr; )
NC Merchant; NFN Davis; Larry Cartledge; NFN )
Claytor; NFN Maudy; William K. Sutter; Nikki R. )
Haley; Cheron M. Hess; Greenville County Sheriffs )
Office, Civil Division; Paul B. Wickensimer,
Greenville Co. Clerk of Court; Gwendolyn O.
Chiles, Office of the Clerk; Judge William P.
Keesley; Steven M. Pruitt, SC Adm. Law Court;
Judge Philip Lenske; and Honorable R. Knox
C/A No. 9:12-2440 DCN
The above referenced case is before this court upon the magistrate judge's recommendation that the complaint be dismissed without prejudice and without issuance and service of
This court is charged with conducting a de novo review of any portion of the magistrate judge's report 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(b)(1). However, absent prompt objection by a dissatisfied party, it appears that Congress
did not intend for the district court to review the factual and legal conclusions of the magistrate judge. Thomas v Arn, 474 U.S. 140 (1985). Additionally, any party who fails to file
timely, written objections to the magistrate judge's report pursuant to 28 U.S.C. § 636(b)(1)
waives the right to raise those objections at the appellate court level. United States v.
Schronce, 727 F.2d 91 (4th Cir. 1984), cert. denied, 467 U.S. 1208 (1984 ).Objections were
timely filed on October 16, 2012.
A de novo review of the record indicates that the magistrate judge's report accurately
summarizes this case and the applicable law. Accordingly, the magistrate judge’s report and
recommendation is AFFIRMED, and the complaint is DISMISSED without prejudice and
without issuance and service of process.
IT IS FURTHER ORDERED that plaintiff’s motion for expedited proceedings is
AND IT IS SO ORDERED.
David C. Norton
United States District Judge
October 17, 2012
Charleston, South Carolina
NOTICE OF RIGHT TO APPEAL
The parties are hereby notified that any right to appeal this Order is governed by Rules
3 and 4 of the Federal Rules of Appellate Procedure.
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?