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Gibson v. NSA

United States District Court, D. South Carolina, Greenville Division

March 30, 2015

Asha Lane Gibson, Plaintiff,
v.
NSA; DEA; FBI; IBM; CIA; Navy, Defendants.

OPINION & ORDER

HENRY M. HERLONG, Jr., Senior District Judge.

This matter is before the court with the Report and Recommendation of United States Magistrate Judge Jacquelyn D. Austin, made in accordance with 28 U.S.C. ยง 636(b)(1) and Local Civil Rule 73.02 of the District of South Carolina.[1] Asha Lane Gibson ("Gibson"), proceeding pro se, seeks injunctive relief and criminal prosecution against Defendants. Magistrate Judge Austin liberally construed the complaint as alleging claims pursuant to Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388, 397 (1971), and the Federal Tort Claims Act. In her Report and Recommendation, Magistrate Judge Austin recommends summarily dismissing the above-captioned case without prejudice and without service of process.

Gibson 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 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 Gibson's objections are non-specific, unrelated to the dispositive portions of the magistrate judge's Report and Recommendation, or merely restate her claims. Therefore, after a thorough review of the magistrate judge's Report and the record in this case, the court adopts Magistrate Judge Austin's Report and Recommendation and incorporates it herein by reference.

It is therefore

ORDERED that the Plaintiff's complaint, docket number 1, is summarily dismissed without prejudice and without service of process.

IT IS SO ORDERED.


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