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Dukes v. Hembree

United States District Court, District of South Carolina

February 12, 2015

Michel Andre Dukes, Sr., a/k/a Michael A. Dukes, a/k/a Michael Andre Dukes, Plaintiff,
v.
J. Gregory Hembree, Solicitor Fifteenth Judicial Circuit, both in his official and individual capacities; George H. Debusk, Jr., Senior Solicitor, State of S.C. Office of the Solicitor Fifteenth Judicial Circuit, both in his official and individual capacities; and James E. Brown, North Myrtle Beach Police Department, both in the official and individual capacities, Defendants.

ORDER

David C. Norton, United States District Judge

The above referenced case is before this court upon the magistrate judge's recommendation that the complaint be summarily dismissed without prejudice and without issuance and service of process.

This court is charged with conducting a de novo review of any portion of the magistrate judge's report to which a specific objection is registered, and may accept, reject, or modify, in whole or in part, the recommendations contained in that report. 28 U.S.C. § 636(b)(1). However, absent prompt objection by a dissatisfied party, it appears that Congress did not intend for the district court to review the factual and legal conclusions of the magistrate judge. Thomas v Arn, 474 U.S. 140 (1985). Additionally, any party who fails to file timely, written objections to the magistrate judge's report pursuant to 28 U.S.C. § 636(b)(1) waives the right to raise those objections at the appellate court level. United States v. Schronce, 727 F.2d 91 (4th Cir. 1984), cert denied, 467 U.S. 1208 (1984).[1] Objections to the magistrate judge’s report and recommendation were timely filed by plaintiff on February 10, 2015.

A de novo review of the record indicates that the magistrate judge's report accurately summarizes this case and the applicable law. Accordingly, the magistrate judge’s Report and Recommendation is AFFIRMED, and the complaint is hereby DISMISSED without prejudice and without issuance and service of process.

AND IT IS SO ORDERED.


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