Tokumbo Howell v. Berkeley County Detention Center (HillFinklea); Sheriff Duane Lewis, Berkeley County Sheriff’s Dept.; Nurse Ladson, Genesis Health Alliances; Medical Dept; Berkeley County Sheriff’s Dept.

Opinion

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

Tokumbo Howell , ) Case No. 9:25-cv-13042-JDA ) Plaintiff, ) ) v. ) OPINION AND ORDER ) Berkeley County Detention Center ) (HillFinklea); Sheriff Duane Lewis, ) Berkeley County Sheriff’s Dept.; Nurse ) Ladson, Genesis Health Alliances; ) Medical Dept; Berkeley County ) Sheriff’s Dept, ) ) Defendants. ) ________________________________ )

This matter is before the Court on a Report and Recommendation (“Report”) of the Magistrate Judge. [Doc. 9.] In accordance with 28 U.S.C. § 636(b) and Local Civil Rule 73.02(B)(2), D.S.C., this matter was referred to United States Magistrate Judge Molly H. Cherry for pre-trial proceedings. Plaintiff’s pro se Complaint was docketed on October 20, 2025. [Doc. 1.] On March 27, 2026, the Magistrate Judge issued a Report recommending that the matter be dismissed without prejudice, without leave to amend, and without issuance and service of process. [Doc. 9.] 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. [Id. at 11.] Plaintiff has not filed objections and the time to do so has lapsed. 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, 270–71 (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 will review 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” (internal quotation marks omitted)). The Court has reviewed the record in this case, the applicable law, and the Report of the Magistrate Judge for clear error. Having done so, the Court accepts the Report and Recommendation of the Magistrate Judge and incorporates it by reference. Accordingly, this action is DISMISSED without prejudice, without leave to amend, and

without issuance and service of process. IT IS SO ORDERED.

s/ Jacquelyn D. Austin United States District Judge April 24, 2026 Charleston, South Carolina

NOTICE OF RIGHT TO APPEAL

The parties are hereby notified of the right to appeal this order pursuant to Rules 3 and 4 of the Federal Rules of Appellate Procedure.