Kelley v. South Carolina Department of Motor Vehicles et al

Filing 17

ORDER RULING ON 14 REPORT AND RECOMMENDATIONS: The court adopts Magistrate Judge Rogers' Report and Recommendation; IT IS ORDERED that this court summarily DISMISSES this case without prejudice and without issuance and service of process for lack of subject matter jurisdiction. Signed by Honorable R Bryan Harwell on 03/06/09. (sste )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA FLORENCE DIVISION Melanie Kelley, ) ) Plaintiff, ) ) vs. ) ) South Carolina Department of Motor ) Vehicles of Hartsville, South Carolina ) Department of Motor Vehicles of Florence, ) South Carolina Department of Motor ) Vehicles of Columbia, and Social Security ) Administration of Florence, ) ) Defendants. ) ) ) C.A. No.: 4:08-04154-RBH ORDER This matter is before the court for review of the Report and Recommendation of United States Magistrate Judge Thomas E. Rogers, III, made in accordance with 28 U.S.C. § 636(b)(1)(B) and Local Rule 73.02 for the District of South Carolina. The Magistrate Judge makes only a recommendation to this court. The recommendation has no presumptive weight. The responsibility to make a final determination remains with this court. See Mathews v. Weber, 423 U.S. 261, 270-71 (1976). The court is charged with making a de novo determination of those portions of the Report and Recommendation to which specific objection is made, and the court may accept, reject, or modify, in whole or in part, the recommendation of the Magistrate Judge or recommit the matter with instructions. See 28 U.S.C. § 636(b)(1). 1 No objections were filed to the Report and Recommendation. In the absence of objections to the Report and Recommendation of the Magistrate Judge, this court is not required to give any explanation for adopting the recommendation. See Camby v. Davis, 718 F.2d 198, 199 (4th Cir. 1983). After a thorough review of the Report and Recommendation and the record in this case, the court adopts Magistrate Judge Rogers' Report and Recommendation and incorporates it herein. It is therefore ORDERED that this court summarily DISMISSES this case without prejudice and without issuance and service of process for lack of subject matter jurisdiction. IT IS SO ORDERED. s/ R. Bryan Harwell R. BRYAN HARWELL United States District Judge Florence, South Carolina March 6, 2009 2

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