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Watkins v. Jones

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

November 29, 2018

MARSHALL LEON WATKINS, Plaintiff,
v.
NURSE JONES, LIEUTENANT SMITH, LIEUTENANT SURRATT, SGT LAWLESS LIEUTENANT BLACKWELL; LT. TAYLOR, MS. PHYALL, and JAMES SIMMONS, Defendants.

         ORDER ADOPTING THE REPORT AND RECOMMENDATION, GRANTING DEFENDANT JONES'S MOTION TO DISMISS, GRANTING DEFENDANTS LAWLESS, SIMMONS, AND SMITH'S MOTION FOR SUMMARY JUDGMENT, DISMISSING WITHOUT PREJUDICE THE CLAIMS AGAINST THE REMAINING DEFENDANTS, AND DENYING PLAINTIFF'S MOTION FOR THE COURT TO RULE IN HIS FAVOR

          MARY GEIGER LEWIS, UNITED STATES DISTRICT JUDGE

         Plaintiff Marshall Leon Watkins, a self-represented state prisoner, filed this action under 42 U.S.C. § 1983. The matter is before the Court for review of the Report and Recommendation (Report) of the United States Magistrate Judge suggesting (1) Defendant Nurse Jones's motion to dismiss be granted; (2) Defendants Sergeant. Lawless, James Simmons, and Lieutenant Smith's motion for summary judgment be granted; (3) the claims against Defendants Lieutenant Surratt, Lieutenant Blackwell, Lieutenant Taylor, and Ms. Phyall be dismissed without prejudice in accordance with Fed.R.Civ.P. 4(m); and (4) Watkins's motion for the Court to rule in his favor be denied. The Report was made in accordance with 28 U.S.C. § 636 and Local Civil Rule 73.02 for the District of South Carolina.

         The 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 Magistrate Judge filed the Report on October 31, 2018. The parties have filed numerous documents since then. The Court enumerates the pertinent ones here:

         November 5, 2018 The Clerk filed Watkins's request the Court set a trial against Jones, along with his conclusory allegations of wrongdoing;

         November 7, 2018 The Clerk filed Watkins's submission “ask[ing] the Court to oppose” the motions filed by Defendants;

         November 9, 2018 The Clerk filed Watkins's objections to the Report;

         November 9, 2018 Jones filed her reply to Watkins's objections;

         November 13, 2018 The Clerk filed Watkins's supplemental objections;

         November 13, 2918 Lawless, Simmons, and Smith filed their reply to Watkins's objections;

         November 15, 2018 The Clerk filed Watkins's second set of supplemental objections;

         November 19, 2018 Jones filed a sur reply; and

         November 26, 2018 Lawless, Simmons, and Smith ...


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