Seward v. Riddle et al, No. 3:2011cv00911 - Document 12 (D.S.C. 2011)
Court Description: OPINION and ORDER RULING ON REPORT AND RECOMMENDATIONS for 8 Report and Recommendations, dismissing this action without prejudice and without issuance and service of process. Signed by Honorable Cameron McGowan Currie on 6/1/2011. (cbru, )
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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA COLUMBIA DIVISION Keith Seward, ) ) Plaintiff, ) ) v. ) ) Dr. James Riddle; and Dir. John H. Magill, ) ) Defendants. ) ___________________________________ ) C/A NO. 3:11-911-CMC-JRM 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)(d), DSC, this matter was referred to United States Magistrate Judge Joseph R. McCrorey for pre-trial proceedings and a Report and Recommendation ( Report ). On May 12, 2011, 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. Plaintiff filed objections to the Report on May 20, 2011. 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 1 the Magistrate Judge or recommit the matter to the Magistrate Judge with instructions. See 28 U.S.C. § 636(b). After reviewing the record of this matter, the applicable law, Plaintiff s objections, and the Report and Recommendation of the Magistrate Judge, 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 objection is a letter indicating that he is seeking assistance from the NAACP, the ACLU, and Amnesty International. This information fails to address any purported failings of the Report. Accordingly, for the reasons noted in the Report indicated above, this action is dismissed without prejudice and without issuance and service of process. IT IS SO ORDERED. s/ Cameron McGowan Currie CAMERON MCGOWAN CURRIE UNITED STATES DISTRICT JUDGE Columbia, South Carolina June 1, 2011 2
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