Wilson v. South Carolina Department of Corrections

Filing 16

ORDER adopting Report and Recommendations of Magistrate Judge Bristow Marchant; finding as moot 3 Motion for Leave to Proceed in forma pauperis. Accordingly, action is DISMISSED WITHOUT PREJUDICE and without issuance and service of process. Signed by Honorable Richard M Gergel on 3/10/2015.(cwhi, )

IN THE UNITED STATES DISTRICT COUIW.CEIVEC
DISTRICT OF SOUTH CAROLUfNACt C ;::, :" .:r'T,~:;!.
John Ervin Wilson, Jr., a/kJa John Wilson,
alkJa John E. Wilson,

1u 15 liAR I I A 8: 5 I

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vs.
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South Carolina Department of Corrections, )
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Defendant.
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No.9: 14-cv-4365-RMG

Plaintiff,

ORDER

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This matter comes before the Court on the Report and Recommendation (R & R) of the
Magistrate Judge (Dkt. No. 14), recommending that the Court dismiss this action without
prejudice and without issuance of service. Plaintiff has not filed any objections to the R & R.
For the reasons stated below, the Court ADOPTS the R & R and DISMISSES this action without
prejudice.
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 ade 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 this Court lacks subject matter
jurisdiction over this action brought under state law against a non-diverse party, that Defendant is
entitled to Eleventh Amendment immunity, and that dismissal is warranted under Rule 41 for
failure to bring the case into proper form in accordance with the Court's prior order. Therefore,

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the Court ADOPTS the Magistrate Judge's Report and Recommendation, (Dkt. No. 14), as the
order of this Court. Accordingly, action is DISMISSED WITHOUT PREJUDICE and without
issuance and service of process.
IT IS SO ORDERED.

United States District Judge
March
Charleston, South Carolina

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