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McElrath v. Stevenson

United States District Court, D. South Carolina

June 29, 2015

Andrew Marshall McElrath Plaintiff,
v.
Warden Stevenson; Warden Bush; Major Washington; Lt. Rezendes; Sgt. Davenport, and CO Gerity, Defendants.

OPINION AND ORDER

BRUCE HOWE HENDRICKS, UNITED STATES DISTRICT JUDGE

This matter is before the Court upon the motion of the plaintiff, Andrew Marshall McElrath, for reconsideration of the order (ECF No. 32) that this Court issued adopting the Magistrate Judge’s Report and Recommendation (“Report”) (ECF No. 12). For the reasons set forth herein, the motion to reconsider is granted.

The Magistrate Judge issued the Report in this case on April 4, 2014 recommending that the plaintiff’s complaint be summarily dismissed without prejudice. On March 18, 2015, this Court issued a brief order adopting the Report. On March 27, 2015, the plaintiff filed a motion to reconsider pointing out that the facts discussed in the Court’s order do not correspond to his case. Having reviewed the order and the plaintiff’s case, the Court concludes that the plaintiff is correct and that order at issue was entered as a result of a clerical error. The Court apologizes to the plaintiff for the confusion, will grant the motion to reconsider, and will conduct a de novo review of the plaintiff’s case and issue an appropriate order.

IT IS SO ORDERED.

NOTICE OF RIGHT TO APPEAL

The parties are hereby notified that any right to appeal this Order is governed by Rules 3 and 4 of the Federal Rules of Appellate Procedure.


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