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Rivers v. South Carolina Department of Corrections

United States District Court, D. South Carolina

May 27, 2015

Jamal R. Rivers, #284504, a/k/a Jamal Rufus Rivers, Plaintiff,
v.
South Carolina Department of Corrections; Bryan Sterling; and Benard Mackie, Defendants.

ORDER

DAVID C. NORTON, District Judge.

The above referenced case is before this court upon the magistrate judge's recommendation that this case be summarily dismissed without prejudice and without 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 May 26, 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 this case is DISMISSED without prejudice and without service of process.

IT IS FURTHER ORDERED that plaintiff's motion to amend complaint is DENIED.

AND IT IS SO ORDERED.


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