Opinion

Brown v. Boccabello

Court
District Court, D. South Carolina
Filed
May 28, 2020
Cited by
0 cases
Authority
More cited than 29.4%

The opinion

IN THE UNITED STATES DISTRICT COURT

DISTRICT OF SOUTH CAROLINA

Reginald Brown, #00264654, a/k/a Niccolo C/A No. 4:19-cv-3587-JFA-TER

Don Emperor, #264656,

Plaintiff,

v.

ORDER

D. Boccabello, K. Conrad, Mr. Lewis,

Susan Duffy, P. Phillips, Steve McCarthy,

C. Hindburg, R.L. Turner, Mr. Bennette,

Mr. S. Williams, John Stirling, General

Counsel, Willie Davis,

Defendants.

Plaintiff, Reginald Brown, #00264654, a/k/a Niccolo Don Emperor, #264656, a

self-represented state prisoner, brings this civil rights action pursuant to 28 U.S.C. § 1915;

§ 1915A. 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 the Magistrate Judge for initial review.

Plaintiff filed his complaint on December 30, 2019. (ECF No. 1). By order dated

March 24, 2020, the Magistrate Judge provided Plaintiff the opportunity to file an amended

complaint to correct deficiencies identified by the court which would warrant summary

dismissal pursuant to § 1915 and § 1915A. (ECF No. 7). Plaintiff failed to file an amended

complaint or otherwise correct the deficiencies.

After reviewing the complaint and specifically advising Plaintiff of deficiencies in

his pleadings, the Magistrate Judge assigned to this action1 prepared a thorough Report and

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)(d) (D.S.C.). The Magistrate Judge makes only a recommendation to this

Recommendation (“Report”). (ECF No. 13). Within the Report, the Magistrate Judge

opines that the complaint is subject to summary dismissal pursuant to 28 U.S.C. §

1915(e)(2)(B) for failure to state a claim upon which relief can be granted. Id. Thus, the

Report recommends that this matter be summarily dismissed with prejudice and without

issuance and service of process. 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.

Plaintiff was advised of his right to object to the Report, which was entered on the

docket on May 6, 2020. Id. The Magistrate Judge required Plaintiff to file objections by

May 20, 2020. Id. Plaintiff failed to file objections or otherwise address the deficiencies in

his complaint. Thus, this matter is ripe for review.

A district court is only required to conduct a de novo review of the specific portions

of the Magistrate Judge’s Report to which an objection is made. See 28 U.S.C. § 636(b);

Fed. R. Civ. P. 72(b); Carniewski v. W. Virginia Bd. of Prob. & Parole, 974 F.2d 1330 (4th

Cir. 1992). In the absence of specific objections to portions of the Magistrate’s Report, 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).

Here, Plaintiff has failed to raise any objections and therefore this Court is not

required to give an explanation for adopting the recommendation. A review of the Report

and prior orders indicates that the Magistrate Judge correctly concluded that the Plaintiff’s

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).

pleadings fail to state a claim and should be dismissed pursuant to 28 U.S.C. §

1915(e)(2)(B).

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

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

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

Magistrate Judge’s Report and Recommendation and incorporates it herein by reference.

(ECF No. 13). Consequently, this matter is summarily dismissed with prejudice and

without issuance and service of process.

IT IS SO ORDERED.

peg Cader tons

May 28, 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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