Blakely v. Virginia Department of Social Services et al, No. 6:2020cv00969 - Document 21 (D.S.C. 2020)
Court Description: OPINION & ORDER adopting Report and Recommendations re 13 Report and Recommendation. This action is dismissed without prejudice and without issuance and service of process. Signed by Honorable Henry M Herlong, Jr on 4/28/2020.(abuc)
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Blakely v. Virginia Department of Social Services et al Doc. 21 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA GREENVILLE DIVISION Mark Eugene Blakely, Plaintiff, vs. Virginia Department of Social Services, Upstate Regional Office Child Support Services, Defendants. ) ) ) ) ) ) ) ) ) ) ) C.A. No. 6:20-00969-HMH-KFM OPINION & ORDER This matter is before the court with the Report and Recommendation of United States Magistrate Judge Kevin F. McDonald, made in accordance with 28 U.S.C. § 636(b)(1) and Local Civil Rule 73.02 of the District of South Carolina.1 Mark Eugene Blakely (“Blakely”), proceeding pro se and in forma pauperis, filed this action against Virginia Department of Social Services and Upstate Regional Office Child Support Services (collectively “Defendants”) regarding copyright infringement and child support obligations. In his Report and Recommendation, Magistrate Judge McDonald recommends dismissing this action without prejudice and without issuance and service of process. Blakely filed objections to the Report and Recommendation. Objections to the Report and Recommendation must be specific. Failure to file specific objections constitutes a waiver of a party’s right to further judicial review, including appellate review, if the recommendation is 1 The recommendation has no presumptive weight, and the responsibility for making a final determination remains with the United States District Court. See Mathews v. Weber, 423 U.S. 261, 270-71 (1976). The court is charged with making a de novo determination of those portions of the Report and Recommendation to which 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 with instructions. 28 U.S.C. § 636(b)(1). Dockets.Justia.com accepted by the district judge. See United States v. Schronce, 727 F.2d 91, 94 & n.4 (4th Cir. 1984). In the absence of specific objections to the Report and Recommendation of the magistrate judge, this court is not required to give any explanation for adopting the recommendation. See Camby v. Davis, 718 F.2d 198, 199 (4th Cir. 1983). Upon review, the court finds that Blakely’s objections are non-specific, unrelated to the dispositive portions of the Magistrate Judge’s Report and Recommendation, or merely restate his claims. Therefore, after a thorough review of the magistrate judge’s Report and the record in this case, the court adopts Magistrate Judge McDonald’s Report and Recommendation and incorporates it herein by reference. It is therefore ORDERED that this action is dismissed without prejudice and without issuance and service of process. IT IS SO ORDERED. s/Henry M. Herlong, Jr. Senior United States District Judge Greenville, South Carolina April 28, 2020 NOTICE OF RIGHT TO APPEAL The parties are hereby notified that they have the right to appeal this order within thirty (30) days from the date hereof, pursuant to Rules 3 and 4 of the Federal Rules of Appellate Procedure. 2
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