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Bailey v. Robinson

United States District Court, D. South Carolina, Rock Hill Division

June 24, 2015

Rashawn Bailey, Plaintiff,
v.
Cpt. Robinson, Defendant.

ORDER

CAMERON McGOWAN CURRIE, Senior District Judge.

This matter is before the court on Plaintiff's pro se complaint, filed in this court pursuant to 42 U.S.C. § 1983.

In accordance with 28 U.S.C. § 636(b) and Local Civil Rule 73.02 (B)(2)(d), DSC, this matter was referred to United States Magistrate Judge Paige Jones Gossett for pre-trial proceedings and a Report and Recommendation ("Report"). On June 4, 2015, the Magistrate Judge issued a Report recommending that this matter be dismissed without prejudice and without issuance and service of process. The Magistrate Judge advised Plaintiff of the procedures and requirements for filing objections to the Report and the serious consequences if he failed to do so. Plaintiff filed a letter to the court on June 19, 2015. The court has construed this letter as objections to the Report.

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. See Mathews v. Weber, 423 U.S. 261 (1976). The court is charged with making a de novo determination of any portion of the Report of the Magistrate Judge to which a specific objection is made. The court may accept, reject, or modify, in whole or in part, the recommendation made by the Magistrate Judge or recommit the matter to the Magistrate Judge with instructions. See 28 U.S.C. § 636(b).

After conducting a de novo review as to objections made, and considering the record, the applicable law, the Report and Recommendation of the Magistrate Judge, and Plaintiff's objections, the court agrees with the conclusion of the Report. Accordingly, the Report is adopted by reference in this Order.

Plaintiff's letter is an incoherent presentation of his belief that he is entitled to relief in this court based upon Defendant's alleged actions. Plaintiff presents no argument or legal authority in response to the Report. Therefore, this matter is dismissed without prejudice and without issuance and service of process.

IT IS SO ORDERED.


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