Mitchell v. Allen et al, No. 8:2011cv03361 - Document 17 (D.S.C. 2012)
Court Description: OPINION AND ORDER RULING ON REPORT AND RECOMMENDATIONS adopting 11 Report and Recommendations, denying 2 Motion for Preliminary Injunction filed by Bennie Darren Mitchell, terminating 5 Motion to Appoint Counsel filed by Bennie Darren Mitchell. This action is dismissed without prejudice and without issuance and service of process. Signed by Honorable Cameron McGowan Currie on 3/9/2012. (ssam, ) Modified to edit text on 3/9/2012 (ssam, ).
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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA ANDERSON/GREENWOOD DIVISION Bennie Darren Mitchell, ) ) Plaintiff, ) ) v. ) ) Desiree R. Allen; and Joy E. Holston, ) ) Defendants. ) ___________________________________ ) C/A NO. 8:11-3361-CMC-BM 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 Bristow Marchant for pre-trial proceedings and a Report and Recommendation ( Report ). On January 17, 2012, the Magistrate Judge issued a Report recommending that Plaintiff s motion for temporary restraining order/preliminary injunction be denied and 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 January 30, 2012. 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 1 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 objections made, 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 offer repeated conclusory assertions that he has adequately pleaded and shown a violation of constitutional rights, and that he should be allowed to proceed and be granted injunctive relief. However, these conclusory assertions without more do not address any alleged infirmities of the Report. Therefore, Plaintiff s motion for temporary restraining order/preliminary injunction (ECF No. 2) is denied, and this action is dismissed without prejudice and without issuance and service of process.1 IT IS SO ORDERED. s/ Cameron McGowan Currie CAMERON MCGOWAN CURRIE UNITED STATES DISTRICT JUDGE Columbia, South Carolina March 9, 2012 1 The Magistrate Judge s Order filed January 17, 2012, denied Plaintiff s motion for appointment of counsel. See Order at 2 (ECF No. 9). The Clerk is directed to terminate this motion. 2
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