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Lail v. Rivera
United States District Court, D. South Carolina
January 16, 2015
Ernest Lail, #XXXXX-XXX, Plaintiff,
Ellen Rivera, Warden; Halbert Watson, Lieutenant; Carl Culvert, Lieutenant; Carlson, Lieutenant; Gonzalez, Captain; and John Doe, Mail Room Supervisor, Defendants.
RICHARD MARK GERGEL, District Judge.
This matter comes before the Court on the Report and Recommendation ("R & R") of the Magistrate Judge, recommending that Defendant's action be summarily dismissed without prejudice and without service of process because the Complaint contains allegations that are "implausible, frivolous and delusional." (Dkt. No. 7 at 5). Plaintiff has filed a response to the R & R essentially rearguing the allegations contained in his complaint. (Dkt. No. 14).
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. Mathews v. Weber, 423 U.S. 261, 270-71 (1976). The Court may "accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate." 28 U.S.C. § 636(b)(1). This Court is charged with making a de novo determination of those portions of the R & R to which objection is made. Diamond v. Colonial Life & Ace. Ins. Co., 416 F.3d 310, 315 (4th Cir. 2005) (quoting 28 U.S.C. § 636(b)(1)); accord Fed.R.Civ.P. 72(b).
The Court has reviewed the Complaint in this matter, the R & R and the Plaintiff's objections. The Court concurs in the findings and conclusions of the Magistrate Judge that Plaintiffs claims do not remotely state a plausible set of facts or any claim for relief. Therefore, the Court ADOPTS in full the Magistrate Judge's Report and Recommendation (Dkt. No. ...