Bowen v. Ariail et al, No. 8:2010cv01249 - Document 16 (D.S.C. 2010)

Court Description: OPINION AND ORDER ADOPTING REPORT AND RECOMMENDATIONS 10 ; this action is dismissed without prejudice and without issuance and service of process. Signed by Honorable Cameron McGowan Currie on 06/10/2010. (ncha, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA GREENWOOD DIVISION Travis Lee Bowen, ) ) Plaintiff, ) ) v. ) ) Robert Ariail, 13th Circuit Solicitor; and ) Steve Loftis, Greenville County Sheriff, ) ) Defendants. ) ___________________________________ ) C/A NO. 8:10-1249-CMC-BHH 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 Bruce Howe Hendrick for pre-trial proceedings and a Report and Recommendation ( Report ). On May 25, 2010, 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 June 3, 2010. 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). The court reviews 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. ) (citation omitted). After reviewing the record of this matter, 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 includes in his objections factual allegations regarding Defendants which he contends show their purported liability for the claims alleged in his complaint. However, Plaintiff s contentions regarding these Defendants alleged actions and liability do not rescue the deficiencies of his complaint. 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 June 10, 2010 C:\Documents and Settings\nac60\Desktop\10-1249 Order.wpd 2

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