Maurio Daetrel Rivers v. Bryan P. Stirling, SCDC Director; Arenda Thomas, LCI Associate Warden; Lt. Vernon Adams, SCDC/CERT Officer

Summary

The United States District Court for the District of South Carolina adopted a magistrate judge’s report and recommendation in a pro se action under 42 U.S.C. § 1983. The court dismissed Bryan Stirling without prejudice, dismissed all claims other than the excessive-force haircut claims against Vernon Adams and Arenda Thomas, and denied the plaintiff’s motions for a temporary injunction.

Holdings

1. When no specific objections are filed, the district court reviews the magistrate judge's recommendation for clear error rather than conducting de novo review.
2. The complaint was properly partially dismissed without prejudice: Bryan Stirling was dismissed without issuance and service of process, and all claims other than the claims against Adams and Thomas concerning the alleged excessive-force haircut incident were dismissed.
3. Plaintiff's motions for temporary injunction were denied.

Questions Presented

1. Whether the magistrate judge's report and recommendation should be accepted when no party filed specific objections.
2. Whether Plaintiff's complaint should be partially dismissed without prejudice, including dismissal of Bryan Stirling and claims unrelated to the alleged excessive-force haircut incident.
3. Whether Plaintiff's motions for temporary injunction should be denied.

Disposition

other