Williams v. Stirling
ORDER adopting Report and Recommendations of Magistrate Judge Bristow Marchant. Plaintiffs Complaint is hereby dismissed without prejudice and without issuance and service of process. Signed by Honorable Cameron McGowan Currie on 1/9/2018.(cwhi, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Civil Action No. 9:17-cv-2538-CMC
OPINION AND ORDER
S.C.D.C. Director Bryan P. Stirling,
This matter is before the court on Plaintiff’s Complaint pursuant to 42 U.S.C. § 1983.
ECF No. 1. In accordance with 28 U.S.C. § 636(b) and Local Civil Rule 73.02 (B)(2)(d),
D.S.C., the matter was referred to United States Magistrate Judge Bristow Marchant for pre-trial
proceedings. On December 15, 2017, the Magistrate Judge issued a Report recommending this
matter be summarily dismissed without prejudice, and without issuance and service of process.
ECF No. 11. The Magistrate Judge advised Plaintiff of the procedures and requirements for
filing objections to the Report and the serious consequences if he failed to do so. Plaintiff did
not file objections and the time for doing so has passed.
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. See Mathews v. Weber, 423 U.S. 261 (1976). The court is charged with making a de novo
determination of any portion of the Report of the Magistrate Judge to which a specific objection
is made. The court may accept, reject, or modify, in whole or in part, the recommendation made
by the Magistrate Judge or recommit the matter to the Magistrate Judge with instructions. See
28 U.S.C. § 636(b). The court reviews the Report only for clear error in the absence of an
objection. See Diamond v. Colonial Life & Accident Ins. Co., 416 F.3d 310, 315 (4th Cir. 2005)
(stating that “in the absence of a timely filed objection, a district court need not conduct a de
novo review, but instead must only satisfy itself that there is no clear error on the face of the
record in order to accept the recommendation.”) (citation omitted).
After considering the record, the applicable law, and the Report and Recommendation of
the Magistrate Judge, the court agrees with the Report’s recommendation the Complaint be
dismissed. Accordingly, the court adopts the Report by reference in this Order. Plaintiff’s
Complaint is hereby dismissed without prejudice and without issuance and service of process.
IT IS SO ORDERED.
s/Cameron McGowan Currie
CAMERON MCGOWAN CURRIE
Senior United States District Judge
Columbia, South Carolina
January 9, 2018
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