Mitchell v. Clements

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA CHARLESTON DIVISION Justin R. Mitchell, #44363, ) ) Plaintiff, ) ) Civil Action No. 4:25-5288-BHH v. ) ) ORDER Ed Clements, ) Jaynie Danielle Leftridge, ) Samuel H. Ervin, ) ) Defendants. ) ________________________________ ) This matter is before the Court upon Plaintiff Justin R. Mitchell’s (“Plaintiff” or “Mitchell”) pro se complaint. (ECF No. 1.) In accordance with 28 U.S.C. § 636(b) and Local Civil Rule 73.02(B), D.S.C., the matter was referred to a United States Magistrate Judge for preliminary review. On August 18, 2025, the Magistrate Judge issued a report and recommendation (“Report”), outlining the issues and recommending that the Court summarily dismiss certain Defendants from this action. (ECF No. 15.) Specifically, the Magistrate Judge recommends that the Court dismiss Defendants Clements and Leftridge without prejudice and without issuance and service of process. (Id. at 4.) Attached to the Magistrate Judge’s Report was a notice advising Plaintiff of the right to file written objections to the Report within fourteen days of being served with a copy. To date, no objections have been filed. The Magistrate Judge makes only a recommendation to the 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). The Court is charged with making a de novo determination only of those portions of the Report to which specific objections are made, and the Court may accept, reject, or modify, in whole or in part, the recommendation of the Magistrate Judge, or recommit the matter to the Magistrate Judge with instructions. 28 U.S.C. § 636(b)(1). In the absence of specific

objections, the Court reviews the matter only for clear error. 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.’”) (quoting Fed. R. Civ. P. 72 advisory committee’s note). Here, because no objections to the Report have been filed, the Court has reviewed the record, the applicable law, and the findings of the Magistrate Judge for clear error. After review, the Court finds no clear error and agrees with the Magistrate Judge’s analysis. Accordingly, the Court adopts and incorporates the Magistrate Judge’s Report (ECF

No. 15), and the Court dismisses Defendants Clements and Leftridge without prejudice and without issuance and service of process. This action remains pending as to Defendant Ervin. IT IS SO ORDERED. /s/Bruce H. Hendricks United States District Judge September 9, 2025 Charleston, South Carolina