Whitner v. Coggiola et al, No. 3:2012cv01876 - Document 25 (D.S.C. 2012)
Court Description: OPINION and ORDER ADOPTING 15 REPORT AND RECOMMENDATION. Plaintiff's 18 motion for declaratory relief is denied and this matter is dismissed without prejudice and without issuance and service of process on Defendants. Signed by Honorable Cameron McGowan Currie on 9/13/12. (kmca) Modified on 9/13/2012: to edit text (kmca).
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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA COLUMBIA DIVISION Samuel Lamont Whitner, ) ) Plaintiff, ) ) v. ) ) Lesley M. Coggiola, Disciplinary Counsel; ) Tiffany N. Richardson, Staff Attorney, ) ) Defendants. ) ___________________________________ ) C/A NO. 3:12-1876-CMC-JDA OPINION and ORDER This matter is before the court on Plaintiff s pro se complaint, filed in this court pursuant to 42 U.S.C. § 1983. In accordance with 28 U.S.C. § 636(b) and Local Civil Rule 73.02 (B)(2)(e), DSC, this matter was referred to United States Magistrate Judge Jacquelyn D. Austin for pre-trial proceedings and a Report and Recommendation ( Report ). On August 21, 2012, the Magistrate Judge issued a Report recommending that the complaint be dismissed without prejudice and without issuance and service of process. 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. On August 23, 2012, Plaintiff filed a Request for Declaratory Judgement [sic] and on September 11, 2012, this court received Plaintiff s objections to the Report. 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 1 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 conducting a de novo review as to Plaintiff s objections to the Report, and considering the record, the applicable law, the Report and Recommendation of the Magistrate Judge, and Plaintiff s objections, the court agrees with the conclusions of the Magistrate Judge. Accordingly, the court adopts and incorporates the Report and Recommendation by reference in this Order. Plaintiff s objections are mostly conclusory recitations of his belief that he should be entitled to relief. These objections are rejected as they are without merit. Additionally, the fact that Plaintiff believes he has clear and convincing evidence to substantiate his claims fails to overcome the fact that this court, for the reasons noted in the Report, does not have jurisdiction to entertain Plaintiff s complaint. Plaintiff s motion for declaratory relief is denied and this matter is dismissed without prejudice and without issuance and service of process on Defendants. IT IS SO ORDERED. s/ Cameron McGowan Currie CAMERON MCGOWAN CURRIE UNITED STATES DISTRICT JUDGE Columbia, South Carolina September 13, 2012 2
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