Opinion

Brown v. Williams

Court
District Court, D. South Carolina
Filed
Oct 1, 2024
Cited by
0 cases
Authority
More cited than 31.8%

The opinion

IN THE UNITED STATES DISTRICT COURT

DISTRICT OF SOUTH CAROLINA

Marion Lamont Brown, Jr., C/A No. 1:24-cv-4001-JFA-SVH

Plaintiff,

v.

ORDER

Sargent Jahmel Williams,

Defendant.

Marion Lamont Brown, Jr., proceeding pro se, filed this complaint pursuant to 42

U.S.C. § 1983 against Sergeant Jahmel Williams. 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.

After performing an initial review of the complaint, the Magistrate Judge issued an

order explaining that Plaintiff needed to (1) either pay the filing fee or complete, sign, and

return an Application to Proceed Without Prepayment of Fees and Affidavit (“Form AO

240”); (2) complete a summons form; and (3) complete forms USM-285 for each

defendant. (ECF No. 5). Plaintiff did not respond to that order, did not pay the filing fee,

and failed to provide any of the necessary documentation.

Thereafter, the Magistrate Judge prepared a thorough Report and Recommendation1

(“Report”). (ECF No. 8). Within the Report, the Magistrate Judge opines the Complaint is

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

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).

subject to dismissal for failure to comply with a court order pursuant to Federal Rule of

Civil Procedure 41. Id. 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 August 29, 2024. Id. The Magistrate Judge required Plaintiff to file objections

by September 12, 2024. Id. Plaintiff failed to file objections. 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 Plaintiff’s

Complaint is subject to dismissal pursuant to Rule 41.

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. 8). Consequently, this action is dismissed without prejudice for failure to comply

with court orders.

IT IS SO ORDERED.

Dptoge 5 Comabsen gp

October 1, 2024 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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