Brooks v. Govan et al - Document 68
ORDER REOPENING CASE, Order to Vacate 64 Order on Motion for Summary Judgment, Order on Report and Recommendations, Order on Motion for Preliminary Injunction, Order on Motion to Amend/Correct. Signed by Honorable Matthew J Perry, Jr on 5/27/11. (hhil, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
BEVAN XAVIER BROOKS,
CIVIL ACTION 2:10-2010
CHIEF HORACE JAMES, OFC.
CLYDE JOHNSON, NURSE WEBBER,
DEPUTY DIRECTOR MRS. DOZIER,
SGT. MATHIS., OFC. A. BROWN,
DIRECTOR WILLIE BAMBERG, DR.
SWEATMAN, CPT. CHARLES
GOVAN, CPL. MURPHY, SGT.
WOODS, OFC. PAUL, OFC
CHIOSOLM, OFC. RYAN, AND
This matter is before the Court upon the motion of the plaintiff, Bevan Xavier Brook,
asking the Court to re-open his case. Previously, on April 29, 2011, this Court granted
summary judgment to the defendants in this matter. The Court’s decision was based upon the
reasoning set forth in the recommendation of the Magistrate Judge. At the time the Court
entered its decision, the plaintiff had not filed objections to the Magistrate Judge’s report and
The plaintiff now contends that he has objections to the report and recommendation
and that he placed them in the mail at the detention center where he is housed. He further
contends that the officials at the detention withheld his mail and did not forward it to the
United States Post Office. The plaintiff has alleged serious allegations against the detention
center officials. The Court does not have independent knowledge concerning whether the
plaintiff’s mail has been tampered with or not. However, in abundance of caution, the Court
vacates it previously entered order in this matter. The plaintiff shall file any objections he has
to the Magistrate Judge’s report and recommendation within thirty (30) days of entry of this
IT IS SO ORDERED.
s/Matthew J. Perry, Jr.
SENIOR UNITED STATES DISTRICT JUDGE
Columbia, South Carolina
May 27, 2011.