Glenn v. Metal Health, No. 3:2015cv04077 - Document 11 (D.S.C. 2015)

Court Description: OPINION and ORDER adopting 8 Report and Recommendation, dismissing this action without prejudice. Signed by Honorable Cameron McGowan Currie on 11/5/2015. (cbru, )

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Glenn v. Metal Health Doc. 11 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA COLUMBIA DIVISION Andres Glenn, ) ) Plaintiff, ) ) v. ) ) Metal [sic] Health, ) ) 1 Defendant. ) ___________________________________ ) C/A NO. 3:15-4077-CMC-SVH 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 Shiva V. Hodges for pre-trial proceedings and a Report and Recommendation (“Report”). On October 14, 2015, the Magistrate Judge issued a Report recommending that this matter 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 has filed no objections and the time for doing so has expired. 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 The Magistrate Judge assumes, as does this court, that Defendant, identified as “Metal Health,” see ECF No. 1 at 1, or “Metal Heath of South Carolina,” see id. at 5, is the “South Carolina Department of Mental Health. The Clerk is directed to correct the docket of this matter to identify Defendant as “Metal Health.” 1 Dockets.Justia.com 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 reviewing the record of this matter, the applicable law, 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. This action is dismissed without prejudice and without issuance and service of process. IT IS SO ORDERED. s/ Cameron McGowan Currie CAMERON MCGOWAN CURRIE SENIOR UNITED STATES DISTRICT JUDGE Columbia, South Carolina November 5, 2015 2

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