Manning v. Mueller, No. 1:2024cv00352 - Document 18 (D.S.C. 2024)

Court Description: OPINION AND ORDER: The Court has reviewed the record in this case, the applicable law, and the Report of the Magistrate Judge for clear error. Having done so, the Court accepts the Report and Recommendation of the Magistrate Judge and incorporates it by reference. Accordingly, the action is DISMISSED with prejudice and without issuance and service of process. Signed by Honorable Jacquelyn D Austin on 04/12/2024. (apsn)

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Manning v. Mueller Doc. 18 IN THE DISTRICT COURT OF THE UNITED STATES FOR THE DISTRICT OF SOUTH CAROLINA AIKEN DIVISION George Earl Manning, Plaintiff, v. Cherokee County Sheriff Steve Mueller, Defendant. ) ) ) ) ) ) ) ) ) ) ) Case No. 1:24-cv-00352-JDA OPINION AND ORDER This matter is before the Court on a pro se Complaint filed by Plaintiff George Manning. [Doc. 1.] In accordance with 28 U.S.C. § 636(b) and Local Civil Rule 73.02(B)(2), D.S.C., this matter was referred to United States Magistrate Judge Shiva V. Hodges for pre-trial proceedings. On March 4, 2024, the Magistrate Judge issued a Report and Recommendation (“Report”) recommending that the action be dismissed. [Doc. 13.] The Magistrate Judge advised Plaintiff of the procedures and requirements for filing objections to the Report and the serious consequences if she failed to do so. [Id. at 7.] Plaintiff has not filed objections and the time to do so has lapsed. * 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 * The Court notes that the Report was mailed to Plaintiff at his address of record but was returned as undeliverable. [Doc. 17.] Dockets.Justia.com 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). The Court will review the Report only for clear error in the absence of an objection. See Diamond v. Colonial Life & Accident Ins. Co., 416 F.3d 310, 315 (4th Cir. 2005) (stating that “in the absence of a timely filed objection, a district court need not conduct a de novo review, but instead must only satisfy itself that there is no clear error on the face of the record in order to accept the recommendation” (internal quotation marks omitted)). The Court has reviewed the record in this case, the applicable law, and the Report of the Magistrate Judge for clear error. Having done so, the Court accepts the Report and Recommendation of the Magistrate Judge and incorporates it by reference. Accordingly, the action is DISMISSED with prejudice and without issuance and service of process. IT IS SO ORDERED. s/ Jacquelyn D. Austin United States District Judge April 12, 2024 Columbia, South Carolina NOTICE OF RIGHT TO APPEAL The parties are hereby notified of the right to appeal this order pursuant to Rules 3 and 4 of the Federal Rules of Appellate Procedure. 2

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