Wilcox v. South Carolina Department of Corr et al

Filing 21

ORDER RULING ON REPORT AND RECOMMENDATION for 16 Report and Recommendation. The Court ADOPTS the Magistrate Judge's Report and Recommendation, (Dkt. No. 16), as the order of this Court. Accordingly, Defendant Broad River Medical is DISMISSED from this action without prejudice and without issuance and service of process. Signed by Honorable Richard M Gergel on 12/11/2014. (jbry, )

IN THE UNITED STATES DISTRICT COURT

DISTRICT OF SOUTH CAROLINA

CHARLESTON DIVISION

)
)
)
Plaintiff,
)
)
vs.
)
South Carolina Department of Corrections; )
)
Nurse Brooks; Cynthia Connell; S. Page;
)
D. Copeland; Captain Siebles; Major
Washington; Sharonda Sutton; Robert
)
M. Stevenson, 1lI; and Broad River Medical, )
)
)
Defendants.
)
)

Vernon Wilcox,

No. 9: 14-cv-3747

ORDER

This matter comes before the Court on the Report and Recommendation (R & R) of the
Magistrate Judge (Dkt. No. 16), recommending that the Court dismiss Defendant Broad River
Medical as a party Defendant, without prejudice and without issuance and service of process.
Plaintiff has not filed any objections to the R & R. For the reasons stated below, the Court
ADOPTS the R & R and DISMISSES Defendant Broad River Medical.
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. 261,270-71 (1976). The Court may "accept, reject, or
modify, in whole or in part, the findings or recommendations made by the magistrate." 28
U.S.C. § 636(b)(1). This Court is charged with making a de novo determination of those
portions of the R & R to which specific objection is made. Here, however, because no objection
has been made, this Court "must 'only satisfy itself that there is no clear error on the face of the

record in order to accept the recommendation. '" Diamond v. Colonial Life & Ace. Ins. Co., 416
F.3d 310,315 (4th Cir. 2005) (quoting Fed. R. Civ. P 72 advisory committee note). Moreover, in
the absence of specific objections to the R & R, the Court need not give any explanation for
adopting the Magistrate Judge's analysis and recommendation. See Camby v. Davis, 718 F.2d
198, 200 (4th Cir. 1983).
The Court agrees with the Magistrate Judge that Broad River Medical is not a person
subject to suit under Section 1983. Therefore, the Court ADOPTS the Magistrate Judge's
Report and Recommendation, (Dkt. No. 16), as the order of this Court. Accordingly, Defendant
Broad River Medical is DISMISSED from this action without prejudice and without issuance
and service of process.
IT IS SO ORDERED.

December ~, 2014
Charleston, South Carolina

-2­