Walker v. Stewart, No. 9:2011cv00774 - Document 14 (D.S.C. 2011)
Court Description: OPINION AND ORDER ADOPTING 9 REPORT AND RECOMMENDATIONS, dismissing this action without prejudice and without issuance and service of process. Signed by Honorable Cameron McGowan Currie on 5/12/11. (rpol, )
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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA BEAUFORT DIVISION Joseph Walker, #162475, ) ) Plaintiff, ) ) v. ) ) Lt. Steward, ) ) Defendant. ) ___________________________________ ) C/A NO. 9:11-774-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 April 28, 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 9, 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 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 Report and its conclusions. Accordingly, the court adopts and incorporates the Report and Recommendation by reference in this Order. Plaintiff contends in his objections that he wants this matter determined by a jury. However, this does not address the complaint s deficiencies. Therefore, 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 May 12, 2011 2
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