Thompson v. Turbeville Correctional Institution et al, No. 0:2012cv02220 - Document 24 (D.S.C. 2012)
Court Description: OPINION AND ORDER RULING ON REPORT AND RECOMMENDATION adopting 14 Report and Recommendation, Defendant Turbeville Correctional Institution (SCDC) and Inmate James Pilgrim are dismissed from this matter without prejudice and without issuance and service of process. Signed by Honorable Cameron McGowan Currie on 11/14/2012. (jpet, )
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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA ROCK HILL DIVISION Douglas Thompson, ) ) Plaintiff, ) ) v. ) ) Turbeville Correctional Institution, SCDC; ) Captain Kelley; Lt. Harriet; Inmate James ) Pilgrim, ) ) Defendants. ) ___________________________________ ) C/A NO. 0:12-2220-CMC-PJG 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 Paige J. Gossett for pre-trial proceedings and a Report and Recommendation ( Report ). On October 23, 2012, the Magistrate Judge issued a Report recommending that Defendant Turbeville Correctional Institution and Inmate James Pilgrim be dismissed from this matter without prejudice and without 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 November 13, 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 1 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 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 Report. Accordingly, the court adopts and incorporates the Report and Recommendation by reference in this Order. Plaintiff s objections do not really challenge the conclusions of the Report; rather, Plaintiff seeks to clarify the reasons he presented the complaint as he did. Therefore, Defendant Turbeville Correctional Institution, SCDC, and Inmate James Pilgrim are dismissed from this matter without prejudice and without issuance and service of process. This matter is returned to the Magistrate Judge for further pretrial proceedings. IT IS SO ORDERED. s/ Cameron McGowan Currie CAMERON MCGOWAN CURRIE UNITED STATES DISTRICT JUDGE Columbia, South Carolina November 14, 2012 2
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