United States District Court, D. South Carolina, Florence Division
ORDER ADOPTING THE REPORT AND RECOMMENDATION AND
DISMISSING THE COMPLAINT WITHOUT PREJUDICE AND WITHOUT
ISSUANCE AND SERVICE OF PROCESS
GEIGER LEWIS UNITED STATES DISTRICT JUDGE
a 42 U.S.C. § 1983 action. Plaintiff is proceeding pro
se. This matter is before the Court for review of the Report
and Recommendation (Report) of the United States Magistrate
Judge suggesting the Complaint be dismissed without prejudice
and without issuance and service of process. The Report was
made in accordance with 28 U.S.C. § 636 and Local Civil
Rule 73.02 for the District of South Carolina.
Magistrate Judge makes only a recommendation to this Court.
The recommendation has no presumptive weight. The
responsibility to make a final determination remains with the
Court. Mathews v. Weber, 423 U.S. 261, 270 (1976).
The Court is charged with making a de novo determination of
those portions of the Report to which specific objection is
made, and the Court may accept, reject, or modify, in whole
or in part, the recommendation of the Magistrate Judge or
recommit the matter with instructions. 28 U.S.C. §
636(b)(1). The Court need not conduct a de novo review,
however, “when a party makes general and conclusory
objections that do not direct the court to a specific error
in the [Magistrate Judge's] proposed findings and
recommendations.” Orpiano v. Johnson, 687 F.2d
44, 47 (4th Cir. 1982); see Fed. R. Civ. P. 72(b).
Magistrate Judge filed the Report on December 19, 2016. ECF
No. 12. On January 3, 2017, the Clerk of Court filed
Plaintiff's objections to the Report (Plaintiff's
memorandum). ECF No. 17. The Court has carefully considered
the objections but holds them to be without merit. Therefore,
it will enter judgment accordingly.
document filed pro se is ‘to be liberally
construed.'” Erickson v. Pardus, 551 U.S.
89, 94 (2007) (quoting Estelle v. Gamble, 429 U.S.
97, 106 (1976)). Courts are not, however, required to
“conjure up questions never squarely presented to
them” or seek out arguments for a party. Beaudett
v. City of Hampton, 775 F.2d 1274, 1278 (4th Cir. 1985).
when construed liberally and in the light most favorable to
Plaintiff, Plaintiff's memorandum fails to set forth any
specific objections to the Report. Instead, Plaintiff's
memorandum consists of a restatement of the allegations in
his Complaint, a request for a hearing, and a conclusory
assertion that he is objecting to the Report. Any meaningful
counter to the well-reasoned conclusions in the Report is
absent. Because Plaintiff's memorandum fails to allege
any specific objection to the Report, the Court need not-and
will not-address the arguments raised in Plaintiff's
thorough review of the Report, Plaintiff's memorandum,
and the record in this case pursuant to the standard set
forth above, the Court overrules Plaintiff's objections,
adopts the Report, and incorporates it herein. Therefore, it
is the judgment of the Court that the Complaint is DISMISSED
WITHOUT PREJUDICE and without issuance and service of
IS SO ORDERED.
OF RIGHT TO APPEAL
parties are hereby notified of the right to appeal this Order
within thirty days from the date hereof, pursuant to Rules 3