Gonzalez v. Sumter County Sheriff's Department et al

Filing 21

ORDER adopting Report and Recommendations of Magistrate Judge Bristow Marchant. It is therefore ORDERED that Defendants Sumter County Sheriffs Department and Sumter-Lee Regional Detention Center are DISMISSED without prejudice and without issuance and service of process. The Complaint shouldbe served only on the remaining Defendant, Officer Glissen. Signed by Honorable Timothy M Cain on 3/13/2018.(cwhi, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
BEAUFORT DIVISION
Celestino Anthony Gonzalez,
Plaintiff,
v.
Sumter County Sheriff’s Department,
umter-Lee Regional Detention Center,
and Officer Glissen,
Defendants.

)
)
)
)
)
)
)
)
)
)
)
)

C/A No. 9:17-3137-TMC

ORDER

Plaintiff, proceeding pro se, filed this action pursuant to 42 U.S.C. § 1983. In accordance
with 28 U.S.C. § 636(b)(1) and Local Civil Rule 73.02, D.S.C., this matter was referred to a
magistrate judge for pretrial handling. Before the court is the magistrate judge’s Report and
Recommendation (“Report”), recommending that Plaintiff’s complaint be dismissed without
prejudice and without issuance and service of process as to Defendants Sumter County Sheriff’s
Department and Sumter-Lee Regional Detention Center. (ECF No. 10). Further, the magistrate
judge recommended that the remaining Defendant Officer Glissen be served with the Complaint.
The Plaintiff was advised of his right to file objections to the Report. (ECF No. 10 at 6). However,
Plaintiff filed no objections to the Report, and the time to do so has now run.
The Report has no presumptive weight and the responsibility to make a final determination
in this matter remains with this court See Mathews v. Weber, 423 U.S. 261, 270-71 (1976). In the
absence of objections, this court is not required to provide an explanation for adopting the Report.
See Camby v. Davis, 718 F.2d 198, 199 (4th Cir. 1983). Rather, “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.” Diamond

v. Colonial Life & Acc. Ins. Co., 416 F.3d 310, 315 (4th Cir. 2005) (quoting Fed. R. Civ. P. 72
advisory committee’s note).
After a thorough review of the Report and the record in this case, the court adopts the
magistrate judge's Report (ECF No. 10) and incorporates it herein. It is therefore ORDERED that
Defendants Sumter County Sheriff’s Department and Sumter-Lee Regional Detention Center are
DISMISSED without prejudice and without issuance and service of process. The Complaint should
be served only on the remaining Defendant, Officer Glissen.
IT IS SO ORDERED.
s/Timothy M. Cain
Timothy M. Cain
United States District Judge
March 13, 2018
Anderson, South Carolina

NOTICE OF RIGHT TO APPEAL
The parties are hereby notified of the right to appeal this order pursuant to Rules 3 and 4
of the Federal Rules of Appellate Procedure.