Williams v. South Carolina Department of Corrections
ORDER adopting Report and Recommendations of Magistrate Judge Bristow Marchant. Plaintiffs Complaint is dismissed without prejudice and without issuance and service of process. Signed by Honorable Cameron McGowan Currie on 3/5/2018.(cwhi, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Civil Action No. 9:17-cv-3421-CMC
United States of America,
This matter is before the court on Plaintiff’s complaint pursuant to 42 U.S.C. § 1983,
alleging South Carolina Department of Corrections violated his First and Eighth Amendment
rights by failing to deliver paperwork from the South Carolina Department of Social Services
regarding a custody hearing for his son. ECF No. 1. Plaintiff alleges due to this failure, he
missed the custody hearing, “lost” his son, and has to pay child support. Id.
In accordance with 28 U.S.C. § 636(b) and Local Civil Rule 73.02 (B)(2)(d), D.S.C., this
matter was referred to United States Magistrate Judge Bristow Marchant for pre-trial
proceedings and a Report and Recommendation (“Report”) on dispositive issues. On February
9, 2018, the Magistrate Judge issued a Report recommending that this matter be summarily
dismissed without prejudice and without issuance and service of process. ECF No. 10. 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 has filed no 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).
After considering the record, the applicable law, and the Report and Recommendation of
the Magistrate Judge, the court finds no clear error in the Report’s reasoning and agrees with the
recommendation the Complaint be dismissed.
Further, as thoroughly discussed by the
Magistrate Judge, it does not appear Plaintiff could amend his Complaint to allege a claim under
§ 1983 on these facts. For the reasons above, the court adopts the Report and incorporates it by
reference. Plaintiff’s Complaint is dismissed without prejudice and without issuance and service
IT IS SO ORDERED.
s/Cameron McGowan Currie
CAMERON MCGOWAN CURRIE
Senior United States District Judge
Columbia, South Carolina
March 5, 2018
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