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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA FLORENCE DIVISION

Yvonne Nelson, Desmond Nelson and Darius Nelson,

) ) ) Plaintiffs, ) ) v. ) ) City of Conway's Department of Social ) Services, Employment Security Commission, ) Horry County Public Schools, Horry ) Georgetown Technical College, Housing ) Authorities, Medicaid, Social Security, and ) Waccamaw Mental Health, ) ) Defendants. ) ____________________________________ )

Civil Action No.: 4:10-cv-3119-RBH

ORDER

This matter is before the Court upon Plaintiffs' [Docket #89] objections to the Report and Recommendation ("R&R") of United States Magistrate Judge Thomas E. Rogers, III.1 In the R&R, the Magistrate Judge recommends that the Court grant the Defendants' motions to dismiss, dismiss Defendant Medicaid pursuant to Rule 4(m) of the Federal Rules of Civil Procedure, and dismiss this case in its entirety without prejudice. For the following reasons, the Court adopts the Magistrate Judge's R&R as modified herein. Procedural History & Factual Background This case was initiated on October 14, 2010, when the Plaintiff filed a pro se Complaint alleging "that the above governmental state organizations within Horry County has [sic] caused mental anguish due to personal injury, disability discrimination, and neglect." Compl., p.1. The United States removed the case to this Court pursuant to 28 U.S.C.

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