From Casetext: Smarter Legal Research

Dalton v. South Carolina Department of Corrections

United States District Court, D. South Carolina, Greenwood Division
Mar 26, 2009
C/A NO. 8:09-260-CMC-BHH (D.S.C. Mar. 26, 2009)

Summary

dismissing the medical staff of SCDC and Prison Health Services as defendants because they were not persons

Summary of this case from Brown v. SC Dep't of Corr.

Opinion

C/A NO. 8:09-260-CMC-BHH.

March 26, 2009


ORDER


This matter is before the court on Plaintiff's pro se complaint, filed in this court pursuant to 42 U.S.C. § 1983.

In accordance with 28 U.S.C. § 636(b) and Local Civil Rule 73.02(B)(2)(d), DSC, this matter was referred to United States Magistrate Judge Bruce Howe Hendricks for pre-trial proceedings and a Report and Recommendation ("Report"). On March 5, 2009, the Magistrate Judge issued a Report recommending that Defendants "South Carolina Department of Corrections, Medical Staff" and Prison Health Services be dismissed without prejudice and without issuance and service of process. The Magistrate Judge advised Plaintiff of the procedures and requirements for filing objections to the Report and the serious consequences if he failed to do so. Plaintiff has filed no objections and the time for doing so has expired.

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. See Mathews v. Weber, 423 U.S. 261 (1976). The court is charged with making a de novo determination of any portion of the Report of the Magistrate Judge to which a specific objection is made. The court may accept, reject, or modify, in whole or in part, the recommendation made by the Magistrate Judge or recommit the matter to the Magistrate Judge with instructions. See 28 U.S.C. § 636(b). The court reviews the Report only for clear error in the absence of an objection. See Diamond v. Colonial Life Accident Ins. Co., 416 F.3d 310, 315 (4th Cir. 2005) (stating that "in the absence of a timely filed objection, a district court need not conduct a de novo review, but instead must only satisfy itself that there is no clear error on the face of the record in order to accept the recommendation.") (citation omitted).

After reviewing the record of this matter, the applicable law, and the Report and Recommendation of the Magistrate Judge, the court agrees with the conclusions of the Magistrate Judge. Accordingly, the court adopts and incorporates the Report and Recommendation by reference in this Order. Defendants "South Carolina Department of Corrections, Medical Staff" and Prison Health Services are dismissed from this action without prejudice and without issuance and service of process.

IT IS SO ORDERED.


Summaries of

Dalton v. South Carolina Department of Corrections

United States District Court, D. South Carolina, Greenwood Division
Mar 26, 2009
C/A NO. 8:09-260-CMC-BHH (D.S.C. Mar. 26, 2009)

dismissing the medical staff of SCDC and Prison Health Services as defendants because they were not persons

Summary of this case from Brown v. SC Dep't of Corr.

dismissing the medical staff of SCDC and Prison Health Services as defendants because they were not persons

Summary of this case from Smith v. S. Health Partners

dismissing the medical staff of SCDC and Prison Health Services as defendants because they were not persons

Summary of this case from Strickland v. Spartanburg Cnty. Sheriff's Office

dismissing the medical staff of SCDC and Prison Health Services as defendants because they were not persons

Summary of this case from Bangert v. Awai

dismissing the medical staff of SCDC and Prison Health Services as defendants because they were not persons

Summary of this case from Witherspoon v. Matthews

dismissing the medical staff of SCDC and Prison Health Services as defendants because they were not persons

Summary of this case from Woodley v. City of Charleston Police Dep't

dismissing the medical staff of SCDC and Prison Health Services as defendants because they were not persons

Summary of this case from Kitchens v. South Carolina

dismissing the medical staff of SCDC and Prison Health Services as defendants because they were not persons

Summary of this case from Logan v. Smith & Wesson Corp.

dismissing the medical staff of SCDC and Prison Health Services as defendants because they were not persons

Summary of this case from Rivera v. Womens Healthcare

dismissing the medical staff of SCDC and Prison Health Services as defendants because they were not persons

Summary of this case from Devlin v. Davis

dismissing the medical staff of SCDC and Prison Health Services as defendants because they were not persons

Summary of this case from Hunt v. Naval Hosp. Beaufort

dismissing the medical staff of SCDC and Prison Health Services as defendants because they were not persons

Summary of this case from Frady v. Greenville Cnty. Det. Ctr.

dismissing the medical staff of SCDC and Prison Health Services as defendants because they were not persons

Summary of this case from Whitner v. Div. of Appellate Def.

dismissing the medical staff of SCDC and Prison Health Services as defendants because they were not persons

Summary of this case from Epps v. S. Carolina

dismissing the medical staff of SCDC and Prison Health Services as defendants because they were not persons

Summary of this case from Gregory v. Simms

dismissing the medical staff of SCDC and Prison Health Services as defendants because they were not persons

Summary of this case from Williams v. Greenwood Police Dep't

dismissing the medical staff of SCDC and Prison Health Services as defendants because they were not persons

Summary of this case from Moultrie v. S. Health Partners

dismissing the medical staff of SCDC and Prison Health Services as defendants because they were not persons

Summary of this case from Estep v. Johnson

dismissing "medical staff" and prison health services as defendants because they were not persons

Summary of this case from Bransgaard v. United States Bureau of Prisons Health Serv. Staff

dismissing the medical staff of SCDC and Prison Health Services as defendants because they were not persons

Summary of this case from Felton v. South Carolina Dep't of Corr. Div. of Classification
Case details for

Dalton v. South Carolina Department of Corrections

Case Details

Full title:Jimmy Dalton, # 329139, Plaintiff, v. South Carolina Department of…

Court:United States District Court, D. South Carolina, Greenwood Division

Date published: Mar 26, 2009

Citations

C/A NO. 8:09-260-CMC-BHH (D.S.C. Mar. 26, 2009)

Citing Cases

Gregory v. Simms

The staff of GCDC is a group of people employed there, but groups of people are not amenable to suit under §…

Woodley v. City of Charleston Police Dep't

See Harden v. Green, 27 F. App'x 173, 178 (4th Cir. 2001) (finding that the medical department of a prison is…