Opinion

Brown v. Chandler

Court
District Court, D. South Carolina
Filed
Mar 23, 2020
Cited by
0 cases
Authority
More cited than 29.4%

The opinion

IN THE UNITED STATES DISTRICT COURT

DISTRICT OF SOUTH CAROLINA

Marion Lamont Brown, Jr., C/A No. 1:20-226-JFA-SVH

Plaintiff,

vs.

ORDER

Cpl. T. Chandler, Ofc. Hester, and Deputy

Warden John Palmer,

Defendants.

Marion Lamont Brown, Jr. (“Plaintiff”), proceeding pro se and in forma pauperis, filed this

action pursuant to 42 U.S.C. § 1983 against Corporal T. Chandler (“Corporal”), Officer Hester

(“Officer”), and Deputy Warden John Palmer (“Deputy Warden”) (collectively “Defendants”), in

their individual capacities. In accordance with 28 U.S.C. § 636(b) and Local Civil Rule

73.02(B)(2), D.S.C., the case was referred to a Magistrate Judge for review.

The Magistrate Judge assigned to this action1 prepared a thorough Report and

Recommendation (“Report”). (ECF No. 14). The Report sets forth in detail the relevant facts and

standards of law on this matter, and this Court incorporates those facts and standards without a

recitation.

On February 12, 2020, the Magistrate Judge filed a Report and Recommendation that the

Court dismiss this action with prejudice. The Magistrate Judge also advised Plaintiff of his right

1 The Magistrate Judge’s review is made in accordance with 28 U.S.C. § 636(b)(1)(B) and Local

Civil Rule 73.02(B)(2)(g) (D.S.C.). 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. Mathews v. Weber, 423 U.S. 261 (1976). The Court is

charged with making a de novo determination of those portions of the Report and Recommendation

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 to the Magistrate Judge

with instructions. See 28 U.S.C. § 636(b)(1).

to object to the Report by February 26, 2020. However, Plaintiff failed to file any objections to the

Report. In the absence of specific objections to the Report of the Magistrate Judge, this Court is

not required to give an explanation for adopting the recommendation. See Camby v. Davis, 718

F.2d 198, 199 (4th Cir. 1983).

After carefully reviewing the applicable laws, the record in this case, as well as the Report,

the Court finds the Magistrate Judge’s recommendation fairly and accurately summarizes the facts

and applies the correct principles of law. Accordingly, the Court adopts the Report and

Recommendation. (ECF No. 14). Therefore, Plaintiff's amended complaint (ECF No. 9) is

dismissed with prejudice and without issuance and service of process.

IT IS SO ORDERED.

Cptogh Cader

March 17, 2020 Joseph F. Anderson, Jr.

Columbia, South Carolina United States District Judge

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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