Summary
The United States District Court for the District of South Carolina adopted a magistrate judge's Report and Recommendation and summarily dismissed claims against the Medical Staff, Turbeville Doctor, and Sergeant Jackson. The dismissals were without prejudice and without issuance and service of process because the complaint failed to state claims under 42 U.S.C. § 1983.
Holdings
- When a party fails to file specific objections to a magistrate judge's Report and Recommendation, the district court need not conduct de novo review and may accept the recommendation after satisfying itself that there is no clear error on the face of the record.
- A prison medical department or group of employees is not a person amenable to suit under 42 U.S.C. § 1983, and the complaint therefore failed to state a claim against the Medical Staff.
- The complaint failed to state a claim against the Turbeville Doctor because the defendant was not sufficiently identified and the complaint contained no allegations supporting a claim against that defendant.
- The complaint failed to state a claim against Sergeant Jackson because it made no allegations concerning him.
Questions Presented
- Whether the district court should adopt the magistrate judge's Report and Recommendation when the plaintiff filed no specific objections.
- Whether the complaint stated a claim under 42 U.S.C. § 1983 against a prison medical department or group, an insufficiently identified doctor, and Sergeant Jackson.
Disposition
other
Cases Cited (6)
- Mathews v. Weber, 423 U.S. 261, 270-71 (1976)(followed)
- Diamond v. Colonial Life & Accident Insurance Co., 416 F.3d 310, 315 (4th Cir. 2005)(followed)
- Wilson v. S.C. Department of Corrections, No. 9:14-CV-4365-RMG, 2015 WL 1124701, at *1 (D.S.C. Mar. 12, 2015)(followed)
- Camby v. Davis, 718 F.2d 198, 200 (4th Cir. 1983)(followed)
- West v. Atkins, 487 U.S. 42, 48 (1988)(followed)
- Harden v. Green, 27 Fed. Appx. 173, 178 (4th Cir. 2001)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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