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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
CHARLESTON DIVISION
Korell Battle, #292294,                                                                                )   C/A NO.   2:13-951-CMC-BHH
)
Plaintiff,                                                                                             )
                                                                                                       )   OPINION and ORDER
v.                                                                                                     )
)
Robert Babb; George Amonitti; SCDC,                                                                    )
)
Defendants.                                                                                            )
___________________________________  )
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 April 29, 2012, the Magistrate
Judge issued a Report recommending that Defendant “SCDC” be dismissed from this matter without
prejudice and without 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
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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.   Defendant “SCDC” is dismissed from this matter without prejudice and
without issuance and service of process.  This matter is returned to the Magistrate Judge for further
pretrial proceedings.
IT IS SO ORDERED.
s/ Cameron McGowan Currie
CAMERON MCGOWAN CURRIE
UNITED STATES DISTRICT JUDGE
Columbia, South Carolina
May 21, 2013
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