Opinion

Brown v. Shirah

Court
District Court, D. South Carolina
Filed
Jun 8, 2022
Cited by
0 cases
Authority
More cited than 29.5%

noting that “when confronted with the objection of a pro se litigant, [the court] must also be mindful of [its] responsibility to construe pro se filings liberally”

How later courts described this case

  • noting that “when confronted with the objection of a pro se litigant, [the court] must also be mindful of [its] responsibility to construe pro se filings liberally”
  • noting that “‘district judges are not mind readers,’ and the principle of liberal construction does not require them to ‘conjure up questions never presented to them or to construct full-blown claims from sentence fragments’”

Written by the judges who cited it.

The opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF SOUTH CAROLINA

FLORENCE DIVISION

Demetrius Alexander Brown, )

)

Plaintiff, )

)

vs. ) Civil Action No. 4:21-cv-3513-TMC

)

Lt. John Shirah; Nurse R. Edicott; ) ORDER

Nurse Steele; Nurse Abraham; Nurse )

H. Joe; Nurse M. Davila; and Cpl. )

Gregg-Wright, )

)

Defendants. )

_________________________________)

Plaintiff Demetrius Alexander Brown, a state prisoner proceeding pro se and in forma

pauperis, filed this action pursuant to 42 U.S.C. § 1983. (ECF Nos. 1; 2; 8). In accordance with

28 U.S.C. § 636(b)(1) and Local Civil Rule 73.02(B)(2)(e) (D.S.C.), this matter was referred to a

magistrate judge for all pretrial proceedings. On February 25, 2022, Plaintiff filed a motion for

default judgment as to all Defendants. (ECF No. 38). On March 8, 2022, Defendants Lt. John

Shirah and Cpl. Gregg-Wright filed a response in opposition to Plaintiff’s motion. (ECF No. 39).

Plaintiff filed his reply on March 17, 2022. (ECF No. 40).

Now before the court is the magistrate judge’s Report and Recommendation (“Report”),

recommending that the court deny Plaintiff’s motion for default judgment. (ECF No. 50). The

Report was mailed to Plaintiff at the address he had provided the court, (ECF No. 51), and has not

been returned as undeliverable. Therefore, Plaintiff is presumed to have received the Report.

Plaintiff was advised of his right to file specific objections to the Report, (ECF No. 50-1), but

failed to do so. The time for Plaintiff to object to the Report has now expired, and this matter is

ripe for review.

The magistrate judge’s recommendation has no presumptive weight, and the responsibility

for making a final determination remains with the United States District Court. Wimmer v. Cook,

774 F.2d 68, 72 (4th Cir. 1985) (quoting Mathews v. Weber, 423 U.S. 261, 270–71 (1976)).

Nevertheless, “[t]he district court is only required to review de novo those portions of the report to

which specific objections have been made, and need not conduct de novo review ‘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.’” Farmer v. McBride, 177 Fed.

App’x 327, 330–31 (4th Cir. April 26, 2006) (quoting Orpiano v. Johnson, 687 F.2d 44, 47 (4th

Cir. 1982)). The court may accept, reject, or modify, in whole or in part, the recommendation

made by the magistrate judge or recommit the matter with instructions. 28 U.S.C. § 636(b)(1).

However, in the absence of specific objections to the Report, this Court is not required to give any

explanation for adopting the recommendation. Greenspan v. Brothers Prop. Corp., 103 F. Supp.

3d 734, 737 (D.S.C. 2015) (citing Camby v. Davis, 718 F.2d 198, 199–200 (4th Cir. 1983)).

Additionally, since Plaintiff is proceeding pro se, this court is charged with construing his

filings liberally in order to allow for the development of a potentially meritorious case.

See Erickson v. Pardus, 551 U.S. 89, 94, 127 S. Ct. 2197, 2200, 167 L. Ed. 2d 1081 (2007); Martin

v. Duffy, 858 F.3d 239, 245 (4th Cir. 2017) (noting that “when confronted with the objection of a

pro se litigant, [the court] must also be mindful of [its] responsibility to construe pro se filings

liberally”). This does not mean, however, that the court can ignore a pro se party’s failure to allege

or prove facts that establish a claim currently cognizable in a federal district court. See Stratton v.

Mecklenburg Cty. Dep’t of Soc. Servs., 521 Fed. App’x 278, 290 (4th Cir. 2013) (quoting Beaudett

v. City of Hampton, 775 F.2d 1274, 1277–78 (4th Cir. 1985) (noting that “‘district judges are not

mind readers,’ and the principle of liberal construction does not require them to ‘conjure up

questions never presented to them or to construct full-blown claims from sentence fragments’”).

As the magistrate judge noted in his Report, Plaintiff’s motion for default judgment is more

accurately construed as a request for entry of default pursuant to Rule 55(a) of the Federal Rules

of Civil Procedure, because “[a] judgment by default is appropriate only after an entry of default

has been made in accordance with Rule 55(a).” (ECF No. 50 at 1). The magistrate judge correctly

found that each defendant had filed a timely answer to Plaintiff’s complaint. See id. at 1–2.

Further, while it is possible that Plaintiff did not receive the Answers prior to the filing deadlines

due to his transfer to a different detention center at the time, the magistrate judge properly

concluded that, “[n]evertheless, the Answers were timely filed” such that Defendants “are not in

default.” Id. at 2. Thus, having thoroughly reviewed the Report and the record and, finding no

clear error, the court agrees with, and wholly ADOPTS, the magistrate judge’s findings and

recommendations in the Report (ECF No. 50), which is incorporated herein by reference.

Accordingly, the court DENIES Plaintiff’s request for entry of default and motion for default

judgment (ECF No. 38).

IT IS SO ORDERED.

s/Timothy M. Cain

United States District Judge

Anderson, South Carolina

June 8, 2022

NOTICE OF RIGHT TO APPEAL

The parties are hereby notified of the right to appeal this order pursuant to Rules 3 and 4

of the Federal Rules of Appellate Procedure.

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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