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. 7) as the order of this Court. Accordingly, Petitioner's action is DISMISSED without prejudice.
IT IS SO ORDERED.