Holloway v. Lloyd et al, No. 3:2011cv02581 - Document 85 (D.S.C. 2012)
Court Description: OPINION AND ORDER denying 51 Motion for Reconsideration. Signed by Honorable Cameron McGowan Currie on 6/26/2012.(jpet, )
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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA COLUMBIA DIVISION Richard Allen Holloway, ) ) Plaintiff, ) ) v. ) ) Reginal [sic] I. Lloyd; Sheriff Leon Lott; ) Sgt. Randy Strange; and Seth Rose, ) ) Defendants. ) ___________________________________ ) C/A NO. 3:11-2581-CMC-PJG OPINION and ORDER This matter is before the court on Plaintiff s motion to reconsider. ECF No. 51. Defendant Lloyd has responded in opposition. Plaintiff contends that there is clear error on the face of the record relating to this court s dismissal of Defendant Reginald Lloyd. Mot. at 1. Plaintiff maintains that he did not receive a copy of the Report and Recommendation of Magistrate Judge Gossett, wherein she recommended the dismissal of Defendant Lloyd for failure to state a claim. The record reflects that a copy of the Report and Recommendation ( Report ) was mailed to Plaintiff at the address provided by Plaintiff when he filed the complaint. The record also reflects that Plaintiff s copy of the Report was returned to this court marked Return to Sender No Such Number. ECF No. 43-1 at 1. As noted by Defendant, however, Plaintiff has apparently not sought to obtain a copy of the Report, and all other mail sent to Plaintiff at the same address by the Clerk has apparently been delivered. Plaintiff maintains that my motion in opposition [to Lloyd s motion to dismiss] certainly contained information and specific language as objection and opposition to defendant s motion to 1 dismiss [w]herewith this court could interpret [] construed as an objection to the Magistrate Judge s Report and Recommendation. Mot. at 2. Therefore, the court construes this opposition as Plaintiff s objection to the Report, and, after conducting a de novo review, denies Plaintiff s motion for reconsideration for the reasons stated in this court s Opinion and Order filed March 9, 2012. IT IS SO ORDERED. s/ Cameron McGowan Currie CAMERON MCGOWAN CURRIE UNITED STATES DISTRICT JUDGE Columbia, South Carolina June 26, 2012 2
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