Summary
The United States District Court for the District of South Carolina adopts a Magistrate Judge’s Report and Recommendation in Travis Wright’s 42 U.S.C. § 1983 action concerning conditions of pretrial detention and alleged inadequate medical treatment. The court denies Wright’s motion for summary judgment and grants the defendants’ motions for summary judgment. The court declines to express an opinion on whether the complaint constitutes a strike under 28 U.S.C. § 1915(e)(2)(B)(i).
Holdings
- Objections that merely repeat unsupported factual allegations and do not identify a specific factual or legal error in the Report do not warrant de novo review of the challenged conclusions; the court may review such portions for clear error.
- The Magistrate Judge's recommendation was properly adopted: Plaintiff's motion for summary judgment was denied and Defendants' motions for summary judgment were granted.
- The district court declined to express an opinion on whether the complaint should be deemed a strike because the authority to adjudicate strike status belongs to the court considering a later request for in forma pauperis status.
Questions Presented
- Whether Plaintiff's objections to the Magistrate Judge's Report and Recommendation were sufficiently specific to require de novo review.
- Whether the Report and Recommendation should be adopted and Plaintiff's motion for summary judgment denied while Defendants' motions for summary judgment were granted.
- Whether the district court had authority to determine whether the dismissal of the prisoner action constituted a strike under 28 U.S.C. § 1915(e)(2)(B)(i).
Disposition
other
Cases Cited (15)
- Mathews v. Weber, 423 U.S. 261 (1976)(followed)
- Carniewski v. West Virginia Board of Probation & Parole, 974 F.2d 1330 (4th Cir. 1992)(followed)
- Camby v. Davis, 718 F.2d 198, 199-200 (4th Cir. 1983)(followed)
- Diamond v. Colonial Life & Accident Insurance Co., 416 F.3d 310, 315-16 (4th Cir. 2005)(followed)
- Dunlap v. TM Trucking of the Carolinas, LLC, No. 0:15-cv-04009-JMC, 2017 WL 6345402, at *5 n.6 (D.S.C. Dec. 12, 2017)(followed)
- Workman v. Perry, No. 6:17-cv-00765-RBH, 2017 WL 4791150, at *1 (D.S.C. Oct. 23, 2017)(followed)
- Orpiano v. Johnson, 687 F.2d 44, 47 (4th Cir. 1982)(followed)
- Staley v. Norton, No. 9:07-0288-PMD, 2007 WL 821181, at *1 (D.S.C. Mar. 2, 2007)(followed)
- Howard v. Secretary of Health and Human Services, 932 F.2d 505, 509 (6th Cir. 1991)(followed)
- Cruz v. Beto, 405 U.S. 319 (1972)(followed)
Showing top 10 of 15.
Cited In (0)
No citing cases on record yet.
Court Document
Open PDFLoading document…