U.S. District Courts - South Carolina ©   Coverage   Help   Search Westlaw   Topic: AllAntitrust & Trade RegulationCivil RightsCommercial Law & ContractsCriminal JusticeEducationEnvironmental LawFamily LawFirst AmendmentGovernment BenefitsHealth & MedicineInsuranceIntellectual PropertyLabor & EmploymentLegal EthicsMaritime LawPension & Retirement BenefitsTransportation Cheryl Hammond HOSKINS, individually and as personal representative of the estate of Thomas R. Hoskins, Plaintiff, v. Sharon Snipes KING; Wheels, Inc.; and Siemens Medical Solutions USA, Inc., Defendants. , D.S.C., November 17, 2009 ORDER JOSEPH F. ANDERSON, JR., District Judge. This matter comes before the court on the following motions: 1) Siemens' motion for summary judgment [dkt. # 80], 2) Siemens' motion for protective order [dkt. # 83], 3) Hoskins' motion to compel [dkt. # 87], 4) Wheels Inc.'s motion for final judgment [dkt. # 121], 5) King and Siemens' joint motion for partial summary judgment as to punitive damages [dkt. # 123], and 6) King and Siemens' joint motion for partial summar... Michael SARRATT, Plaintiff, v. Director Jon E. OZMINT, Warden Riley, Warden McCall, and Nurse Enloe, Defendants. , D.S.C., November 17, 2009 ORDER HENRY F. FLOYD, District Judge. This case was filed as a 42 U.S.C. § 1983 action. Plaintiff is proceeding pro se. The matter is before the Court for review of the Report and Recommendation (Report) of the United States Magistrate Judge suggesting that Defendants' motion for summary judgment be granted and other pending motions be dismissed as moot. The Report was made in accordance with 28 U.S.C. § 636 and Local Civil Rule 73.02 for the District of South Carolina. The Magistrate Judg... Donald Eugene GRIFFIN, Jr., Plaintiff, v. Henry D. McMASTER, Attorney General, State of South Carolina, Department of Corrections; Reginald I. Lloyd, Director, South Carolina Law Enforcement Division; Samuel B. Glover, Director, South Carolina Depa, D.S.C., November 17, 2009 ORDER PATRICK MICHAEL DUFFY, District Judge. This matter is before the court on Plaintiff Donald Eugene Griffin, Jr.'s Objections to a United States Magistrate Judge's Report and Recommendation ("R & R"), which recommended the court dismiss the complaint without prejudice and without issuance and service of process. Having reviewed the entire record, including Plaintiffs Objections, the court finds the Magistrate Judge fairly and accurately summarized the facts and applied the correct princip... The BENEDICT COLLEGE, Plaintiff, v. NATIONAL CREDIT SYSTEMS, INC., Defendant. , D.S.C., November 16, 2009 ORDER JOSEPH F. ANDERSON, JR., District Judge. I. Factual and Procedural Background Plaintiff Benedict College ("Benedict") filed this action against defendant, National Credit Systems, Inc. ("NCS"), alleging breach of contract, fraud, fraud in the inducement, and unjust enrichment deriving out of its contract with NCS for NCS to collect on delinquent loans Benedict issued its students. Benedict contends that the contract is comprised of a two-page document and a multi-page addendum si... Janice Graves COLEMAN, Plaintiff, v. Jo S. HORNE, Anderson Brothers Bank, Country Inn & Suites, Lynn Pridgen, Defendants. , D.S.C., November 16, 2009 ORDER R. BRYAN HARWELL, District Judge. This matter is before the court for review of the Report and Recommendation of United States Magistrate Judge Thomas E. Rogers, III, made in accordance with 28 U.S.C. § 636(b)(1)(B) and Local Rule 73.02 for the District of South Carolina. The Magistrate Judge makes only a recommendation to this court. The recommendation has no presumptive weight. The responsibility to make a final determination remains with this court. See Mathews v. Weber, 423 U.S. ... Thurston M. BOLTON, Plaintiff, v. Al CANNON, Sheriff Charleston County, Defendant. , D.S.C., November 16, 2009 OPINION AND ORDER HENRY M. HERLONG, JR., Senior District Judge. This matter is before the court for review of the Report and Recommendation of United States Magistrate Judge Thomas E. Rogers, III, made in accordance with 28 U.S.C. § 636(b)(1) and Local Civil Rule 73.02 for the District of South Carolina. The magistrate judge makes only a recommendation to this court. The recommendation has no presumptive weight. The responsibility to make a final determination remains with this court. See ... David Scott MOONEY, aka Scott Mooney, Plaintiff, v. Major Phillp ANDERSON; Dale Kittles; Major John Murray, Defendants. , D.S.C., November 16, 2009 ORDER PATRICK MICHAEL DUFFY, District Judge. The above-captioned case is before this court upon the magistrate judge's recommendation that the case be dismissed. Because plaintiff is pro se, this matter was referred to the magistrate judge. [FN1] FN1. Pursuant to the provisions of Title 28 United States Code, § 636(b)(1)(B), and Local Rule 73.02, D.S.C., the magistrate judge is authorized to review pretrial matters and submit findings and recommendations to this Court. This Court is charged w... Christopher PARNELL, Plaintiff, v. STATE OF S.C.; James Cooper, Public Defender; Judge Philip Newsome; Solicitor Offices; A.S.G.D.C. Richland County; Two Richland County Sheriffs Officers, [FN1] one of whom is David Frier, Defendants. FN1., D.S.C., November 16, 2009 OPINION AND ORDER HENRY M. HERLONG, JR., Senior District Judge. This matter is before the court for review of the Report and Recommendation of United States Magistrate Judge Robert S. Carr, made in accordance with 28 U.S.C. § 636(b)(1) and Local Civil Rule 73.02 for the District of South Carolina. The magistrate judge makes only a recommendation to this court. The recommendation has no presumptive weight. The responsibility to make a final determination remains with this court. See Mathews... Ernest Tyrone HANNAH, Plaintiff, v. Sheriff Kenney BOONE; Major Norris; Captain J. Brunson; Head Nurse Jeane Hughes; Nurse Moe, Defendants. , D.S.C., November 16, 2009 ORDER PATRICK MICHAEL DUFFY, District Judge. The above-captioned case is before this court upon the magistrate judge's recommendation that the case be dismissed. Because plaintiff is pro se, this matter was referred to the magistrate judge. [FN1] FN1. Pursuant to the provisions of Title 28 United States Code, § 636(b)(1)(B), and Local Rule 73.02, D.S.C., the magistrate judge is authorized to review pretrial matters and submit findings and recommendations to this Court. This Court is charged w... Terry BALLENGER, Petitioner, v. Jon OZMINT, Director, Respondent. , D.S.C., November 16, 2009 OPINION AND ORDER HENRY M. HERLONG, JR., Senior District Judge. This matter is before the court for review of the Report and Recommendation of United States Magistrate Judge Thomas E. Rogers, III, made in accordance with 28 U.S.C. § 636(b)(1) and Local Civil Rule 73.02 for the District of South Carolina. The magistrate judge makes only a recommendation to this court. The recommendation has no presumptive weight. The responsibility to make a final determination remains with this court. See ... Alfred McCRAY, Plaintiff, v. COLUMBIA CARE CENTER, Defendant. , D.S.C., November 16, 2009 ORDER R. BRYAN HARWELL, District Judge. This matter is before the court for review of the Report and Recommendation of United States Magistrate Judge Joseph R. McCrorey, made in accordance with 28 U.S.C. § 636(b)(1)(B) and Local Rule 73 .02 for the District of South Carolina. The Magistrate Judge makes only a recommendation to this court. The recommendation has no presumptive weight. The responsibility to make a final determination remains with this court. See Mathews v. Weber, 423 U.S. 26... Albert James CAVE, Jr., Plaintiff, v. William ROYSTER et al., Defendants. , D.S.C., November 16, 2009 ORDER HENRY F. FLOYD, District Judge. This case was filed as a 42 U.S.C. § 1983 action. Plaintiff is proceeding pro se. The matter is before the Court for review of the Report and Recommendation (Report) of the United States Magistrate Judge suggesting that the Complaint in this case be dismissed without prejudice and without issuance and service of process. The Report was made in accordance with 28 U.S.C. § 636 and Local Civil Rule 73.02 for the District of South Carolina. The Magistr... William Forest MARTIN, Jr., Plaintiff, v. Kevin Scott BRACKETT, Esquire; Ross Allen Burton, Esquire; Michael C. Watkins, Court Reporter; To be sued in their Individual and Official Capacities, Defendants. , D.S.C., November 13, 2009 ORDER R. BRYAN HARWELL, District Judge. Plaintiff, proceeding pro se, seeks relief pursuant to 42 U.S .C. § 1983. Petitioner's Complaint filed on March 30, 2009, made allegations against state Solicitor Kevin Brackett, Public Defender Ross Burton, and Court Reporter Michael Watkins for slander, vindictive prosecution and alleged alteration of a transcript relating to a May 2007 plea hearing ("hearing"). In accordance with 28 U.S.C. § 636(b)(1)(B) and Local Civil Rule 73.02 this matter come... Joseph H. GIBBS, Plaintiff, v. Mr. Jon E. OZMINTS, as Director of SCDC, et al; Respondeat Superior, Defendants. , D.S.C., November 13, 2009 ORDER PATRICK MICHAEL DUFFY, District Judge. This matter is before the court upon the magistrate judge's recommendation that defendants' motion for summary judgment be granted. The record includes the report and recommendation of the United States Magistrate Judge made in accordance with this Court's Order of Reference and 28 U.S.C. § 636(b)(1)(B). Because plaintiff is pro se, this matter was referred to the magistrate judge. [FN1] FN1. Pursuant to the provisions of Title 28 United States Cod... Gustavo ALVARADO, Petitioner, v. Tim RILEY, Warden, Respondent. , D.S.C., November 13, 2009 ORDER PATRICK MICHAEL DUFFY, District Judge. This matter is before the court upon the magistrate judge's recommendation that respondent's motion for summary judgment be granted. The record includes the report and recommendation of the United States Magistrate Judge made in accordance with this Court's Order of Reference and 28 U.S.C. § 636(b)(1)(B). Because petitioner is pro se, this matter was referred to the magistrate judge. [FN1] FN1. Pursuant to the provisions of Title 28 United States C... Greg GAINES, Petitioner, v. State of SOUTH CAROLINA, Warden Tyger River Correctional Institution, Respondents. , D.S.C., November 12, 2009 ORDER R. BRYAN HARWELL, District Judge. This matter comes before the court with Petitioner's [Docket Entry # 84] Motion for Reconsideration and [Docket Entry # 85] Motion for Rehearing. Petitioner is currently an inmate at the Tyger River Correctional Institution in Enoree, South Carolina. Proceeding pro se, he brought this action pursuant to 28 U.S.C. § 2254. On September 10, 2009, after Petitioner failed to file objections to the Magistrate Judge's [FN1] [Docket Entry # 73] Report and R... Brenda Lee BROWN, Plaintiff, v. Dr. SCOTT; Steve Tumer; and Sexton Dental Clinic, Defendants. , D.S.C., November 12, 2009 Brenda Lee Brown, Bennettsville, SC, pro se. ORDER R. BRYAN HARWELL, District Judge. This matter is before the court for review of the Report and Recommendation [Docket entry # 12]of United States Magistrate Judge Thomas E. Rogers, made in accordance with 28 U.S.C. § 636(b)(1)(B) and Local Rule 73.02 for the District of South Carolina. The Plaintiff, Brenda Lee Brown alleges a cause of action against the Defendants for fraud and medical malpractice committed during and after all of her teet... UNITED STATES of America, v. Emilio BAUTISTA-TERAN, Defendant. , D.S.C., November 12, 2009 OPINION and ORDER CAMERON McGOWAN CURRIE, District Judge. Defendant, proceeding pro se, seeks relief in this court pursuant to 28 U.S.C. § 2255. Defendant raises four grounds for relief. The Government filed a motion for summary judgment. Pursuant to Roseboro v. Garrison, 528 F.2d 309 (4th Cir.1975), the court advised Defendant of the summary judgment procedure and the consequences if he failed to respond. Defendant has filed his response and the matter is ready for resolution. BACKGROUND... Christopher A. ODOM, Plaintiff, v. Officer Judge Veronica SMALLS; Officer Judge Patricia Baldwin; and Officer Roger Owen, Defendants. , D.S.C., November 12, 2009 ORDER PATRICK MICHAEL DUFFY, District Judge. This matter is before the court upon the magistrate judge's recommendation that the within action be dismissed. Because plaintiff is pro se, this matter was referred to the magistrate judge. [FN1] FN1. Pursuant to the provisions of Title 28 United States Code, § 636(b)(1)(B), and Local Rule 73.02(B)(2)(d), D.S.C., the magistrate judge is authorized to review all pretrial matters in cases filed under Title 42 United States Code, § 1983, and submit f... Damion Antwon CARMICHAEL, Plaintiff, v. John OZMINT, SCDC Director, Stan Burtt, Warden, Sandra Bowie, Headquarters, Defendants. , D.S.C., November 12, 2009 ORDER R. BRYAN HARWELL, District Judge. This matter comes before the court with the [Docket Entry # 13] Report and Recommendation of United States Magistrate Judge George C. Kosko [FN1] filed on January 31, 2008. FN1. This matter was automatically referred to Magistrate Judge Kosko pursuant to 28 U.S.C. § 636(b)(1) and Local Civil Rule 73.02(B)(2)(e) (D.S.C.). Plaintiff, a state prisoner proceeding pro se, filed his complaint on January 7, 2008, alleging that he has been held in puni... Ben Howard SMITH, Plaintiff, v. Joseph K. COFFY; Bob Atkinson; Linda G. Walters; L. Keith Josey, Jr.; and Ronnie Stewart, Defendants. , D.S.C., November 12, 2009 Ben Howard Smith, New York, NY, pro se. Shaun C. Kent, Coffey and Chandler, Manning, SC, Kelly M. Jolley, McNair Law Firm-Cola, Columbia, SC, Robert David Garfield, William Henry Davidson, II, Davidson Morrison and Lindemann, Columbia, SC, for Defendants. ORDER PATRICK MICHAEL DUFFY, District Judge. This matter is before the court upon the magistrate judge's recommendation that defendants Bob Atkinson and Linda Walters' motion to dismiss be granted in part and denied in part. The record ... Rev. Dr. Thomas A. SUMMERS, Rev. Dr. Robert M. Knight, Rabbi Sanford T. Marcus, Rev. Dr. Neal Jones, Hindu American Foundation, and American-Arab Anti- Discrimination Committee, Plaintiffs, v. Marcia S. ADAMS, in her individual capacity and in her, D.S.C., November 10, 2009 Aaron J. Kozloski, Capitol Counsel Capitol Station, Columbia, SC, Alex J. Luchenitser, Ayesha N. Khan, Americans United for Separation of Church and State, Washington, DC, for Plaintiffs. Eugene H. Matthews, Richardson Plowden and Robinson, Columbia, SC, for Marcia S. Adams. James Emory Smith, Jr., SC Attorney General's Office, Columbia, SC, for Marcia S. Adams, Jon Ozmint, Henry D. McMaster. Andrew F. Lindemann, Davidson Morrison and Lindemann, Columbia, SC, for Jon Ozmint. OPINION AND ... Trovon Aquarius KEITH, Plaintiff, v. Linda K. SHIRLEY, Tarcia L. James, Angela T. Smalley, Dawn R. Hampton, CPL/Officer Straker, Christina J. Catoe, and Lieutenant Thompson, Defendants. , D.S.C., November 10, 2009 ORDER R. BRYAN HARWELL, District Judge. This matter is before the court for review of the Report and Recommendation of United States Magistrate Judge Paige J. Gossett, made in accordance with 28 U.S.C. § 636(b)(1)(B) and Local Rule 73 .02 for the District of South Carolina. The Magistrate Judge makes only a recommendation to this court. The recommendation has no presumptive weight. The responsibility to make a final determination remains with this court. See Mathews v. Weber, 423 U.S. 261,... Trovon Aquarius KEITH, Plaintiff, v. R. ABSTON, Thomas A. McDermott, and Scott Lewis, Defendants. , D.S.C., November 10, 2009 Trovon Aquarius Keith, Bishopville, SC, pro se. ORDER R. BRYAN HARWELL, District Judge. This matter is before the court for review of the Report and Recommendation of United States Magistrate Judge Paige J. Gossett, made in accordance with 28 U.S.C. § 636(b)(1)(B) and Local Rule 73 .02 for the District of South Carolina. The Magistrate Judge makes only a recommendation to this court. The recommendation has no presumptive weight. The responsibility to make a final determination remains wi... David HARGROVE, Plaintiff, v. Darlene DREW, in her individual capacity, M. Holland, in his individual capacity, R. Proffitt, in his individual capacity, Lieutenant Harper, in his individual capacity, Defendants. , D.S.C., November 10, 2009 ORDER R. BRYAN HARWELL, District Judge. Plaintiff, proceeding pro se, brings this action pursuant to Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics, 403 U.S. 388 (1971). He is currently an inmate at Federal Correctional Institution, Bennettsville, a facility of the Federal Bureau of Prisons ("BOP") in South Carolina. Plaintiff filed his original complaint on March 26, 2009. In his complaint, Plaintiff seeks monetary damages for alleged violation of his First Amendmen... Peter PERALTA, Petitioner, v. WARDEN OF FCI WILLIAMSBURG, Respondent. , D.S.C., November 10, 2009 ORDER R. BRYAN HARWELL, District Judge. Petitioner, Peter Peralta, is a federal prisoner proceeding pro se and in forma pauperis under 28 U.S.C. § 2241. [FN1] He is currently an inmate at Federal Correctional Institution-Williamsburg in South Carolina. FN1. The Magistrate Judge initially erroneously notes that Petitioner brought this suit under 28 U.S.C. § 2254, however, that appears to be a clerical error and the body of her Report and Recommendation analyzes whether his claims are p... Phillip JACKSON, Petitioner, v. Warden, LIEBER CORRECTIONAL INSTITUTION, Respondent. , D.S.C., November 10, 2009 ORDER R. BRYAN HARWELL, District Judge. Petitioner, a state prisoner proceeding pro se, brought this suit pursuant to Title 28 U.S.C. § 2254. Petitioner is currently an inmate at the Lieber Correctional Institution in Ridgeville, South Carolina. This matter comes before the court with the [Docket Entry 18] Report and Recommendation of United States Magistrate Judge William M. Catoe [FN1] filed on September 28, 2009. Respondent filed a [Docket Entry 11] Motion for Summary Judgment on April... Michael J. FEROLA, Plaintiff, v. Captain THOMPSON, TYRCI; Captain Ferguson, TYRCI; Captain Turner, TYRCI; George Vanderhost, Sgt.; Officer Campbell, TYRCI; Lt. Alfrin, TYRCI; and Jon Ozmint, Director, Defendants. , D.S.C., November 10, 2009 ORDER R. BRYAN HARWELL, District Judge. This matter is before the court for review of the Report and Recommendation of United States Magistrate Judge Bristow Marchant, made in accordance with 28 U.S.C. § 636(b)(1)(B) and Local Rule 73 .02 for the District of South Carolina. The Magistrate Judge makes only a recommendation to this court. The recommendation has no presumptive weight. The responsibility to make a final determination remains with this court. See Mathews v. Weber, 423 U.S. 261,... Clay MASSI, Plaintiff, v. DRUG ENFORCEMENT ADMINISTRATION, Defendant. , D.S.C., November 10, 2009 OPINION and ORDER CAMERON McGOWAN CURRIE, District Judge. This matter is before the court on Plaintiff's pro se complaint, filed in this court pursuant to 5 U.S.C. § 552(a)(4)(B). In accordance with 28 U.S.C. § 636(b) and Local Civil Rule 73.02(B)(2)(c), DSC, this matter was referred to United States Magistrate Judge Paige J. Gossett for pre-trial proceedings and a Report and Recommendation ("Report"). On October 23, 2009, the Magistrate Judge issued a Report recommending that Defendant's ... Ronald Donald DINGLE, Petitioner, v. Warden, STEVENSON, Broad River Correctional Institution, Respondent. , D.S.C., November 10, 2009 ORDER PATRICK MICHAEL DUFFY, District Judge. This matter is before the court on Petitioner Ronald Donald Dingle's ("Petitioner") pro se amended petition for writ of habeas corpus filed in this court pursuant to 28 U.S.C. § 2254 on May 20, 2009. [FN1] On June 25, 2009, in accordance with 28 U.S.C. § 636(b)(1)(B) and Local Rule 73.02, the Magistrate Judge entered a Report and Recommendation ("R & R") recommending that Petitioner's habeas corpus petition be summarily dismissed for failure to ex... Gloria A. GIBSON, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , D.S.C., November 9, 2009 OPINION & ORDER HENRY M. HERLONG, JR., Senior District Judge. This matter is before the court with the Report of United States Magistrate Judge Paige J. Gossett, made in accordance with 28 U.S.C. § 636(b) and Local Civil Rule 73.02 of the District of South Carolina. [FN1] Gloria A. Gibson ("Gibson") seeks judicial review of the Commissioner of Social Security's ("Commissioner") denial of her application for disability insurance benefits ("DIB") under Title II of the Social Security Act and su... Jonathan BOONE, Petitioner, v. Henry McMASTER, Attorney General, South Carolina; Warden of Manning Correctional Institution, Respondents. , D.S.C., November 9, 2009 ORDER G. ROSS ANDERSON, JR., Senior District Judge. This matter comes before the Court upon Petitioner's Objections to the Magistrate Judge Gossett's Report and Recommendation. Petitioner filed for relief under 28 U.S.C. § 2254, on January 5, 2009. Respondent filed a Motion for Summary Judgment on April 22, 2009. On April 23, 2009, the magistrate judge, pursuant to Roseboro v. Garrison, 528 F.2d 309 (4th Cir.1975), advised Petitioner of the procedure and possible consequences if he failed to ... Ralph OXENDINE, Plaintiff, v. UNITED STATES of America, Defendant. , D.S.C., November 9, 2009 OPINION & ORDER CAMERON McGOWAN CURRIE, District Judge. This matter is before the court on Defendant United States of America's ("Government") motion to dismiss for lack of subject matter jurisdiction pursuant to Fed.R.Civ.P. 12(b)(1). In accordance with this court's order of reference, 28 U.S.C. § 636(b) (1)(B) and Local Rule 73.02(B)(2)(e), this matter was referred to United States Magistrate Judge Paige J. Gossett for a Report and Recommendation ("Report"). The Report recommends that the ... William Howard RUTLAND, III, a/k/a William H. Rutland, III, Plaintiff, v. Barry CURRIE, Captain, BCSO, Defendant. , D.S.C., November 9, 2009 ORDER SOL BLATT, JR., Senior District Judge. This matter is before the Court upon the Plaintiffs pro se complaint filed pursuant to 42 U.S.C. § 1983. By local rule, the matter was referred to a United States Magistrate Judge for preliminary determinations. On October 7, 2009, United States Magistrate Judge Bruce Howe Hendricks issued a report and recommendation ("R & R") analyzing the Plaintiffs complaint and recommending that the Court dismiss the Plaintiff's complaint without prejudice a... Willie JOHNSON, Petitioner, v. McKither BODISON, Respondent. , D.S.C., November 9, 2009 ORDER PATRICK MICHAEL DUFFY, District Judge. This matter is before the court upon Petitioner Willie Johnson's ("Petitioner") objections to a United States Magistrate Judge's Report and Recommendation ("R & R") that his petition be summarily dismissed as a successive habeas petition pursuant to 28 U.S.C. § 2244(b)(3)(A). A petitioner may object, in writing, to an R & R within ten days after being served with a copy of the report. 28 U.S.C. § 636(b)(1). Petitioner has filed a timely objection.... Ansel O. BELUE, Johnny Little, as the Duly Appointed Personal Representative of the Estate of Linda Gail Little, Joel J. Hill, and James W. Lyle, Jr., as the Duly Appointed Personal Representative of the Estate of Peggy Jean Reynolds, Plaintiffs, v., D.S.C., November 6, 2009 Andrew J. Johnston, Andrew Johnston Law Office, Patrick Eugene Knie, Knie Law Firm, Spartanburg, SC, Gary Elmore Clary, Gary E. Clary Law Office, Central, SC, Susan F. Campbell, William E. Hopkins, Jr., Hopkins and Campbell, Columbia, SC, for Plaintiffs. Brent Oe Clinkscale, Womble Carlyle Sandridge and Rice, Greenville, SC, for Plaintiffs/Defendants.Beattie B. Ashmore, Beattie B. Ashmore Law Office, Jacquelyn D. Austin, Michael S. Cashman, Womble Carlyle Sandridge and Rice, Greenville, SC, K... Eugene R. DANIELS, Plaintiff, v. Sergeant SAYLOR; IGC Ms. White; IGC Ms. Montgomery; IGC Ms. Bowie; IGC Ms. Carrington; IGC Ms. Jenkins; and IGC Ms. Randall, Defendants. , D.S.C., November 6, 2009 ORDER MARGARET B. SEYMOUR, District Judge. FACTS Plaintiff Eugene R. Daniels is a state inmate in the custody of the South Carolina Department of Corrections (SCDC) who is currently housed at the Lieber Correctional Institution in Ridgeville, South Carolina. On November 16, 2007, Plaintiff, appearing pro se, filed the within action pursuant to 42 U.S.C. § 1983, seeking the return of his "coby walkman radio." According to the complaint, Plaintiff was told he was being transferred and was direct... Marcus Antonio FRIERSON, Petitioner, v. WARDEN, LEE CORRECTIONAL INSTITUTION, Respondent. , D.S.C., November 6, 2009 ORDER DAVID C. NORTON, Chief Judge. The above referenced case is before this court upon the magistrate judge's recommendation that respondent's Motion for Summary Judgment be granted, petitioner's motion for summary judgment be denied, and the petition be dismissed without an evidentiary hearing. This court is charged with conducting a de novo review of any portion of the magistrate judge's report to which a specific objection is registered, and may accept, reject, or modify, in whole or i... Kenneth W. ADAMS, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , D.S.C., November 5, 2009 OPINION AND ORDER HENRY M. HERLONG, JR., Senior District Judge. This matter is before the court for review of the Report and Recommendation of United States Magistrate Judge William M. Catoe, made in accordance with 28 U.S.C. § 636(b)(1) and Local Civil Rule 73.02 for the District of South Carolina. The magistrate judge makes only a recommendation to this court. The recommendation has no presumptive weight. The responsibility to make a final determination remains with this court. See Mathe... Edward Grant BUNKER, Petitioner, v. C. Anthony BURTON, Acting Warden of Ridgeland Correctional Institution, Respondent. , D.S.C., November 5, 2009 ORDER MARGARET B. SEYMOUR, District Judge. Petitioner, Edward Grant Bunker is in the custody of the South Carolina Department of Corrections, serving concurrent state and federal sentences. On May 8, 2006, Petitioner filed an action pursuant to 28 U.S.C. § 2241 seeking a writ of habeas corpus alleging that his federal sentence was improperly calculated because he did not receive credit for time served while awaiting sentencing by the federal court. On August 20, 2007, the court issued an orde... Jerry Alexander CANZATER, Plaintiff, v. Jessica PORTER, Defendant. , D.S.C., November 5, 2009 Jerry Alexander Canzater, Bishopville, SC, pro se. OPINION & ORDER HENRY M. HERLONG, JR., Senior District Judge. This matter is before the court with Jerry Alexander Canzater's ("Canzater") motions to amend his complaint and "bring in a third party," as well as the Report and Recommendation of United States Magistrate Judge Paige J. Gossett, made in accordance with 28 U.S.C. § 636(b) and Local Civil Rule 73.02 of the District of South Carolina. [FN1] Canzater seeks the court's assistance i... Richard Eugene WARREN, Plaintiff, v. FEDERAL BUREAU OF PRISONS; D. Drew, Warden; Cpt. Delray; Lt. Brawley; Officer Feltz, Unknown Officer I; Unknown Officer II; and Does I thru X, Defendants. , D.S.C., November 5, 2009 Richard Eugene Warren, Bennettsville, SC, pro se. ORDER MARGARET B. SEYMOUR, District Judge. Plaintiff Richard Eugene Warren is an inmate in custody of the Federal Bureau of Prisons (FBOP) who currently is incarcerated at FCI-Bennettsville in Bennettsville, South Carolina. Plaintiff filed the within action on July 2, 2009, seeking damages pursuant to the Federal Tort Claims Act. In accordance with 28 U.S.C. § 636(b) and Local Rule 73.02, D.S.C., this matter was referred to United States Mag... Troy PONTON, Petitioner, v. Mary M. MITCHELL, Warden, Respondent. , D.S.C., November 5, 2009 ORDER HENRY F. FLOYD, District Judge. This case was filed as a 28 U.S.C. § 2241 action. Petitioner is proceeding pro se. The matter is before the Court for review of the Report and Recommendation (Report) of the United States Magistrate Judge suggesting that the petition for a writ of habeas corpus be dismissed without prejudice and without issuance and service of process. The Report was made in accordance with 28 U.S.C. § 636 and Local Civil Rule 73.02 for the District of South Carolina.... William Howard RUTLAND III, Plaintiff, v. Sargent Rosemary SANDERS, BCSO, Defendant. , D.S.C., November 5, 2009 ORDER SOL BLATT, JR., Senior District Judge. This matter is before the Court upon the Plaintiff's pro se complaint, filed pursuant to 42 U.S.C. § 1983. The record contains a report and recommendation of a United States Magistrate Judge ("R & R"), which was made in accordance with 28 U.S.C. § 636(b)(1) (B) and Local Rule 73.02(B)(2)(d). In the R & R, which was filed on September 14, 2009, Magistrate Judge Bruce Howe Hendricks recommends that the Court dismiss the Plaintiff's complaint without ... George M. ADAMS, Plaintiff, v. SOUTH CAROLINA DEPARTMENT OF CORRECTIONS; and Sgt. Karl Von Mutius, Defendants. , D.S.C., November 5, 2009 ORDER DAVID C. NORTON, Chief Judge. The above referenced case is before this court upon the magistrate judge's recommendation that defendants' Motion for Summary Judgment be granted as to plaintiff's claims under § 1983, and any remaining state law claims be remanded to State court. It was also recommended that plaintiff's Motion for Summary Judgment be denied. This court is charged with conducting a de novo review of any portion of the magistrate judge's report to which a specific objecti... Robert PETERSON, Plaintiff, v. Dr. YATES, (ASGDC Doctor); Nurse Thurman (ASGDC Head Administrating Nurse); and Ms. Caldwell (Medical Supervision), Defendants. , D.S.C., November 4, 2009 ORDER JOSEPH F. ANDERSON, JR., District Judge. The pro se plaintiff, Robert Peterson, is an inmate at the Wateree River Correctional Institution at the South Carolina Department of Corrections ("SCDC"). He initiated this action pursuant to 42 U.S.C. § 1983 contending that the defendants failed to provide him with proper medical care while he was detained at the Alvin S. Glenn Detention Center (ASGDC). The Magistrate Judge assigned to this action [FN1] has prepared a comprehensive Repo... SPILL THE BEANS, INC., STB Enterprises, LLC, Roger A. Curtis, Lynda Curtis, Peter Hansen, and David Wilson, Plaintiffs, v. SWEETREATS, INC. and Robert Carlton, Defendants. , D.S.C., November 4, 2009 ORDER HENRY F. FLOYD, District Judge. In its Order, dated September 8, 2009, the Court required the filing of documents regarding the settlement agreement issue in this case. Plaintiffs, however, have filed a notice that they do not wish to pursue the settlement agreement issue. Defendants have declined to join in the notice. The Court also directed the parties that the briefing schedule set out in its September 23, 2008, Order was to commence on September 8, 2009. In the September 23, 200... David Scott MOONEY, aka Scott Mooney, Plaintiff, v. Major Philip ANDERSON, Greenwood County Detention Center; Officer Tutt, Greenwood County Detention Center, Defendants. , D.S.C., November 4, 2009 ORDER PATRICK MICHAEL DUFFY, District Judge. The above-captioned case is before this court upon the magistrate judge's recommendation that the case be dismissed. Because plaintiff is pro se, this matter was referred to the magistrate judge. [FN1] FN1. Pursuant to the provisions of Title 28 United States Code, § 636(b)(1)(B), and Local Rule 73.02, D.S.C., the magistrate judge is authorized to review pretrial matters and submit findings and recommendations to this Court. This Court is charged w... Walter Lomax CAMPBELL, Plaintiff, v. Dep. Sheriff Officer B.A. SMITH and Sgt. R. Lane, Defendants. , D.S.C., November 4, 2009 ORDER DAVID C. NORTON, Chief Judge. The above referenced case is before this court upon the magistrate judge's recommendation that the defendants' motion to dismiss and/or for summary judgment be granted and the case be dismissed. This court is charged with conducting a de novo review of any portion of the magistrate judge's report to which a specific objection is registered, and may accept, reject, or modify, in whole or in part, the recommendations contained in that report. 28 U.S.C. § 6... Anthony HARRIS, Petitioner, v. Mary M. MITCHELL, Warden, Respondent. , D.S.C., November 4, 2009 ORDER JOSEPH F. ANDERSON, JR., District Judge. The pro se petitioner, Anthony Harris, is a federal prisoner incarcerated at the Federal Correctional Institution in Edgefield, South Carolina. He challenges his 1988 conviction for robbery in the Superior Court of the District of Columbia. Previously, he has also attacked this conviction by filing a motion to vacate and an appeal to the D.C. Court of Appeals, both of which were denied. The Magistrate Judge assigned to this action [FN1] h... Frank Damas JONES, Plaintiff, v. INMATE, Defendant. , D.S.C., November 4, 2009 Frank Damas Jones, Bennettsville, SC, pro se. ORDER JOSEPH F. ANDERSON, JR., District Judge. The pro se plaintiff, Frank Damas Jones, initiated this action pursuant to 42 U.S.C. § 1983 contending that while he was an inmate at the Evans Correctional Institution, his eye was permanently injured by an inmate during a dispute. The Magistrate Judge assigned to this action [FN1] has prepared a Report and Recommendation wherein he suggests that this action should be summarily dismissed fo... Brian SHARP, Plaintiff, v. SOUTH CAROLINA DEPARTMENT OF CORRECTIONS; Leonard Longe, Sargeant; Jerry Alexander, Captain; and Tim Riley, Warden, Defendants. , D.S.C., November 4, 2009 Brian Sharp, Enoree, SC, pro se. ORDER JOSEPH F. ANDERSON, JR., District Judge. This matter is before the court for review of the Magistrate Judge's Report and Recommendation. [FN1] The pro se plaintiff, Brian Sharp, is an inmate at the Tyger River Correctional Institution. He brings this action pursuant to 42 U.S.C. § 1983 alleging charges of denial of clean drinking water, use of mace, and excessive force. FN1. The Magistrate Judge's review is made in accordance with 28 U.S .C... Eddie J. RUFF, Plaintiff, v. Mr. Jim DORIETY, Director; Mr. Scotty R. Bodiford, Administrator; and the Medical Staff at the Detention Center, Defendants. , D.S.C., November 4, 2009 Eddie J. Ruff, Greenville, SC, pro se. ORDER JOSEPH F. ANDERSON, JR., District Judge. The pro se plaintiff, Eddie J. Ruff, initiated this action pursuant to 42 U.S.C. § 1983 contending that while he has been confined at the Greenville County Detention Center, he has contracted staph/MRSA for the third time. He seeks monetary damages. The Magistrate Judge assigned to this action [FN1] has prepared a Report and Recommendation wherein he suggests that this action should be summarily d... Ira Jerome MOORE, Plaintiff, v. Mildred RIVERA, Warden, et al., Defendants. , D.S.C., November 4, 2009 ORDER R. BRYAN HARWELL, District Judge. Plaintiff, Ira Jerome Moore, is a federal prisoner proceeding pro se. He seeks relief pursuant to Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics, 403 U.S. 388 (1971). This case was assigned to United States Magistrate Judge William M. Catoe. [FN1] FN1. This matter was referred to Magistrate Judge Catoe pursuant to 28 U.S.C. § 636(b)(1)(A) and Local Civil Rule 73.02(B)(2)(e) (D.S.C.). This matter comes before the court with the Ma... Dameion Rhyhelee REMBERT, Sr., Plaintiff, v. Robert J. ELAM, Defendant. , D.S.C., November 4, 2009 ORDER TERRY L. WOOTEN, District Judge. This matter is now before the undersigned for review of the Report and Recommendation ("the Report") filed by United States Magistrate William M. Catoe, to whom this case had previously been assigned pursuant to 28 U.S.C. § 636(b) and Local Rule 73.02(B)(2) (D.S.C.). (Doc. # 10). In his Report, Magistrate Judge Catoe recommends that the complaint in the above-captioned case be dismissed without prejudice and without issuance and service of process. T... Dameion Rhyhelee REMBERT, Sr., Plaintiff, v. Luke SHEALEY, Defendant. , D.S.C., November 4, 2009 ORDER TERRY L. WOOTEN, District Judge. This matter is now before the undersigned for review of the Report and Recommendation ("the Report") filed by United States Magistrate William M. Catoe, to whom this case had previously been assigned pursuant to 28 U.S.C. § 636(b) and Local Rule 73.02(B)(2) (D.S.C.). (Doc. # 10). In his Report, Magistrate Judge Catoe recommends that the complaint in the above-captioned case be dismissed without prejudice and without issuance and service of process. T... Terry PRESSLEY, Petitioner, v. WARDEN, RIDGELAND CORRECTIONAL INSTITUTION, Respondent. , D.S.C., November 4, 2009 ORDER CAMERON McGOWAN CURRIE, District Judge. This matter is before the court on Petitioner's pro se application for habeas corpus relief, filed in this court pursuant to 28 U.S.C. § 2254. In accordance with 28 U.S.C. § 636(b) and Local Civil Rule 73.02(B)(2)(c), DSC, this matter was referred to a United States Magistrate for pre-trial proceedings and a Report and Recommendation. On October 14, 2009, Magistrate Judge William M. Catoe issued a Report recommending that this petition be dismi... Julius H. PITTS, Plaintiff, v. PERRY CORRECTIONAL INSTITUTION MEDICAL STAFF, Kirkland Correctional Institution Medical Staff, Lee Correctional Institution Medical Staff, and all Individuals and Officials, Defendants. , D.S.C., November 3, 2009 ORDER AND OPINION MARGARET B. SEYMOUR, District Judge. Plaintiff is an inmate in custody of the South Carolina Department of Corrections ("SCDC") who is currently housed at the Lee Correctional Institution in Bishopville, South Carolina. Plaintiff, proceeding pro se, filed a complaint on April 15, 2009 pursuant to 42 U.S.C. § 1983, asserting that Defendants have been deliberately indifferent to his medical needs. In accordance with 28 U.S.C. § 636(b) and Local Rule 73.02, D.S.C ., this mat... Nancy Madsen HAWKINS, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , D.S.C., November 3, 2009 John A. Jackson, John A. Jackson Law Office, Charleston, SC, for Plaintiff. Beth Drake, US Attorneys Office, Columbia, SC, for Defendant. OPINION AND ORDER HENRY M. HERLONG, JR., Senior District Judge. This matter is before the court for review of the Report and Recommendation of United States Magistrate Judge Bruce Howe Hendricks, made in accordance with 28 U.S.C. § 636(b)(1) and Local Civil Rule 73.02 for the District of South Carolina. The magistrate judge makes only a recommendati... Barry Furscelle BRITT, Plaintiff, v. NORTH CHARLESTON POLICE DEPARTMENT; and PFC M. Hughes, Defendants. , D.S.C., November 3, 2009 Barry Furscelle Britt, North Charleston, SC, pro se. Sandra Jane Senn, Sandra Jane Senn Law Office, Charleston, SC, Theresa Johnson Leinbach, Senn McDonald and Leinbach LLC, Charleston, SC, for Defendants. OPINION and ORDER CAMERON McGOWAN CURRIE, District Judge. This matter is before the court on Plaintiff's pro se complaint, filed in this court pursuant to 42 U.S.C. § 1983. In accordance with 28 U.S.C. § 636(b) and Local Civil Rule 73.02(B)(2)(e), DSC, this matter was referred to Un... Albert BROADBENT, Petitioner, v. Mary MITCHELL, Warden, Edgefield Satellite Prison Camp, Respondent. , D.S.C., November 3, 2009 Albert Broadbent, Buford, GA, pro se. Barbara Murcier Bowens, US Attorneys Office, Columbia, SC, for Respondent. ORDER CAMERON McGOWAN CURRIE, District Judge. This matter is before the court on Petitioner's pro se application for relief, filed in this court pursuant to 28 U.S.C. § 2241. In accordance with 28 U.S.C. § 636(b) and Local Civil Rule 73.02(B)(2)(c), DSC, this matter was referred to United States Magistrate Judge Paige Jones Gossett for pre-trial proceedings and a Report and... ST. PAUL FIRE AND MARINE INSURANCE COMPANY as subrogated underwriter of Ceres Marine Terminals, Inc., Plaintiff, v. YANG MING (AMERICA) CORPORATION and Yang Ming Marine Transportation Corporation, Defendant and Third-Party Plaintiffs, v. Cosco No, D.S.C., November 3, 2009 Julius H. Hines, Buist Moore Smythe and McGee, Charleston, SC, for ThirdParty Defendant. ORDER PATRICK MICHAEL DUFFY, District Judge. This matter is before the court upon Third-Party Defendant Cosco North America, Inc.'s Motion for Summary Judgment. For the reasons set forth herein, the court grants its motion. BACKGROUND Defendants and Third-Party Plaintiffs Yan Ming (America) Corporation and Yang Ming Marine Transportation Corporation ("collectively "Yang Ming") seek indemnification from ... James BENJAMIN, Petitioner, v. UNITED STATES of America. , D.S.C., November 3, 2009 ORDER PATRICK MICHAEL DUFFY, District Judge. James Benjamin ("Petitioner"), a pro se prisoner, moves the court to set aside and vacate his sentence pursuant to 28 U.S.C. § 2255. After reviewing the facts and the pertinent law, the court denies Petitioner's petition. BACKGROUND On January 16, 2008, Petitioner pled guilty to possession with intent to distribute cocaine base and ecstasy, and possession of a firearm in furtherance of a drug trafficking crime. The Government dismissed a charge o... Miguel MARTINEZ, Petitioner, v. UNITED STATES of America. , D.S.C., November 3, 2009 ORDER PATRICK MICHAEL DUFFY, District Judge. Miguel Martinez ("Petitioner"), a pro se prisoner, moves the court to set aside and vacate his sentence pursuant to 28 U.S.C. § 2255. After reviewing the facts and the pertinent law, the court denies Petitioner's petition. BACKGROUND On May 30, 2206, Petitioner pled guilty to conspiracy to distribute five kilograms or more of cocaine. Petitioner was sentenced for a term of 262 months to be followed by a five year term of supervised release, and t... Mansa BANSHEE, and, Jody Lynn Ward, Plaintiffs, v. Jon OZMINT, Director, South Carolina Department of Corrections; and The South Carolina Corrections Board and the Penalogy Committee, et al., Defendants. , D.S.C., November 3, 2009 ORDER TERRY L. WOOTEN, District Judge. This matter is now before the undersigned for review of the Report and Recommendation ("the Report") filed by United States Magistrate William M. Catoe, to whom this case had previously been assigned pursuant to 28 U.S.C. § 636(b) and Local Rule 73.02(B)(2) (D.S.C.). In his Report, Magistrate Judge Catoe recommends that plaintiff Ward's motion to remand be denied. (Doc. # 15). The Report was filed on September 11, 2009. No objections to the Report ha... Glenda A. BAILEY, Plaintiff, v. FAURECIA, Jerry Saunders, and Curly King, Defendants. , D.S.C., November 3, 2009 ORDER HENRY F. FLOYD, District Judge. This case was filed as a employment discrimination action. Plaintiff is proceeding pro se. The matter is before the Court for review of the Report and Recommendation (Report) of the United States Magistrate Judge suggesting that the case be dismissed without prejudice due to Plaintiff's failure to bring the case into proper form and her failure to prosecute. The Report was made in accordance with 28 U.S.C. § 636 and Local Civil Rule 73.02 for the Dist... WHATMAN, INC., Plaintiff, v. Bradley F. DAVIN, Defendant. , D.S.C., November 3, 2009 ORDER WILLIAM M. CATOE, United States Magistrate Judge. The matter is before the court on non-party PerkinElmer Health Sciences, Inc.'s motion to quash subpoena duces tecum (doc. 76) and non-party Ahlstrom Filtration LLC's motion to quash subpoena for testimony (doc. 105). On July 23, 2009, the Honorable R. Bryan Harwell, United States District Judge, referred all pretrial matters pertaining to discovery to this court for disposition. Plaintiff Whatman is a "leading provider of blood speci... Christopher Leonard OLSZOWY and Anna Olszowy, Plaintiffs, v. Joseph Stephen SCHMUTZ; Berkeley County Sheriff Department; Office of the Solicitor Ninth Judicial Circuit; Berkeley County Clerk of Court; Berkeley County Summary Courts; Goose Creek Mag, D.S.C., November 3, 2009 ORDER PATRICK MICHAEL DUFFY, District Judge. This matter is before the court on Plaintiffs Christopher and Anna Olszowy's ("Plaintiffs") Objections to the Report and Recommendation ("R & R") of a United States Magistrate Judge. Plaintiffs originally filed this action pursuant to 42 U.S.C. § 1983 and in forma pauperis under 28 U.S.C. § 1915 alleging that Defendants violated their civil rights while conducting a search and arrest on June 27, 2007. The Magistrate Judge recommended dismissing all... William Howard RUTLAND, III, # 09030325, a/k/a William H. Rutland, III, Plaintiff, v. Sargent BURKEHOLDER, Shift Sargent, Berkeley County Sheriff's Office Detention Center; Sargent Sanders, BCSD, BCDC, and Sargent Jacumin, BCSD, BCDC, Defendants. , D.S.C., November 3, 2009 ORDER SOL BLATT, JR., Senior District Judge. This matter is before the Court upon the Plaintiff's pro se complaint seeking damages and other relief for "denial of access to court." By local rule, the matter was referred to a United States Magistrate Judge for preliminary determinations. On October 1, 2009, United States Magistrate Judge Bruce Howe Hendricks issued a report and recommendation ("R & R") analyzing the Plaintiff's complaint and recommending that the Court dismiss the Plaintiff... Charlene E. TYLER, Plaintiff, v. PALMETTO GBA, Defendant. [FN1]FN1. Through its answers to Local Rule 26.01 interrogatories, Defendant advised Plaintiff that it was improperly named and that its correct designation is Palmetto GBA, L.L.C. In the sa, D.S.C., November 2, 2009 William T. Toal, Johnson Toal and Battiste, Columbia, SC, for Plaintiff. Fred Adam Williams, Kathryn Thomas, Gignilliat Savitz and Bettis, Columbia, SC, for Defendant. OPINION AND ORDER FINDINGS OF FACT AND CONCLUSIONS OF LAW CAMERON McGOWAN CURRIE, District Judge. Through this action, Plaintiff Charlene E. Tyler ("Plaintiff" or "Tyler"), seeks a determination that Defendant Palmetto GBA ("Defendant" or "Palmetto GBA"), abused its discretion when it denied Tyler's claim for severance b... Thomas G. ROLLINS, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , D.S.C., November 2, 2009 Francis Gregory Delleney, Jr., Hamilton Delleney and Hemlepp, Chester, SC, for Plaintiff. Beth Drake, US Attorneys Office, Columbia, SC, for Defendant. OPINION AND ORDER HENRY M. HERLONG, JR., Senior District Judge. This matter is before the court for review of the Report and Recommendation of United States Magistrate Judge Bruce Howe Hendricks, made in accordance with 28 U.S.C. § 636(b)(1) and Local Civil Rule 73.02 for the District of South Carolina. The magistrate judge makes only ... Joseph WALKER, Plaintiff, v. Mr. Joseph POWELL, Defendant. , D.S.C., November 2, 2009 Joseph Walker, Ridgeville, SC, pro se. OPINION and ORDER CAMERON McGOWAN CURRIE, District Judge. This matter is before the court on Plaintiff's pro se complaint, filed in this court pursuant to 42 U.S.C. § 1983. In accordance with 28 U.S.C. § 636(b) and Local Civil Rule 73.02(B)(2)(d), DSC, this matter was referred to United States Magistrate Judge Bristow Marchant for pre-trial proceedings and a Report and Recommendation ("Report"). On September 30, 2009, the Magistrate Judge issued a R... Julia V. CAIN, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , D.S.C., November 2, 2009 ORDER (Written Opinion) G. ROSS ANDERSON, JR., Senior District Judge. This matter is before the Court to issue a final order on Magistrate Judge Marchant's Report and Recommendation made in accordance with Local Rule 73.02(B)(2)(a), D.S.C., issued on October 13, 2009. Plaintiff brought this action pursuant to 42 U.S.C. § 405(g) seeking judicial review of the Commissioner's final decision to deny disability benefits. The magistrate recommends that the Commissioner's decision be reversed an... UNITED STATES of America v. James Rhett MILLER, Movant. , D.S.C., November 2, 2009 OPINION & ORDER HENRY M. HERLONG, JR., Senior District Judge. This matter is before the court on James Rhett Miller's ("Miller") motion to vacate, set aside, or correct his sentence under 28 U.S.C. § 2255. After a thorough review of the facts and pertinent law, the court summarily dismisses Miller's § 2255 motion. I. FACTUAL AND PROCEDURAL BACKGROUND On October 23, 2007, Miller pled guilty to one count of possession of an unregistered short-barreled shotgun. On April 21, 2007, the court ... Erika CRAIG, Plaintiff, v. SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; and Terry Davenport, in his individual capacity, Defendants. , D.S.C., November 2, 2009 Gloria Yvonne Leevy, Leevy Law, Columbia, SC, for Plaintiff. Vance J. Bettis, Gignilliat, Savitz and Bettis, LLP, Charles F. Thompson, Jr., Lake E. Summers, Malone, Thompson and Summers, Columbia, SC, for Defendants. OPINION & ORDER CAMERON McGOWAN CURRIE, District Judge. This matter is before the court on Defendant South Carolina Department of Health and Environmental Control's ("DHEC") partial motion to dismiss for lack of subject matter jurisdiction and for failure to state a claim, p... Jan L. DAY, Plaintiff, v. The HARTFORD LIFE INSURANCE CO., BB & T Corporation, and the BB & T Corporation Group Long Term Disability Insurance Plan, Defendants. , D.S.C., November 2, 2009 AMENDED OPINION AND ORDER HENRY M. HERLONG, JR., Senior District Judge. This matter is before the court for review of the claim administrator's decision to deny long-term disability ("LTD") benefits to Jan L. Day ("Day") under an LTD insurance policy ("Policy") governed by ERISA. [FN1] The Policy is insured and administered by Hartford Life and Accident Insurance Company ("Hartford"). [FN2] Day seeks LTD benefits pursuant to 29 U.S.C. § 1132(a)(1)(B) and attorney's fees and costs pursuant t... Bobby THOMAS, Petitioner, v. McKither BODISON, Respondent. , D.S.C., November 2, 2009 OPINION & ORDER HENRY M. HERLONG, JR., Senior District Judge. This matter is before the court with the Report and Recommendation of United States Magistrate Judge William M. Catoe, made in accordance with 28 U.S.C. § 636(b) and Local Rule 73.02 of the District of South Carolina. [FN1] Bobby Thomas ("Thomas") is a pro se prisoner seeking habeas corpus relief pursuant to 28 U.S.C. § 2254. In his Report and Recommendation, Magistrate Judge Catoe recommends dismissing Thomas's habeas petition as... UNITED STATES of America v. Octavius S. CLINE, Movant. , D.S.C., November 2, 2009 OPINION & ORDER HENRY M. HERLONG, JR., Senior District Judge. This matter is before the court on Octavius S. Cline's ("Cline") motion to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. § 2255. For the reasons given below, the court dismisses Cline's motion. I. FACTUAL AND PROCEDURAL BACKGROUND On September 22, 2004, a jury found Cline guilty of one count of conspiracy to possess with intent to distribute or to distribute 50 grams or more of crack cocaine. On January 4, 2... Michael O'Shea BROWN, Plaintiff, v. Jay LEMACKS; Dawn Parish; South Carolina Department of Probation, Parole and Pardon Services; Colleton County Jail; Colleton County Sheriff's Department, Defendants. , D.S.C., October 30, 2009 ORDER CAMERON McGOWAN CURRIE, District Judge. This matter is before the court on Plaintiff's pro se complaint, filed in this court pursuant to 42 U.S.C. § 1983. In accordance with 28 U.S.C. § 636(b) and Local Civil Rule 73.02(B)(2)(d), DSC, this matter was referred to United States Magistrate Judge Bruce Howe Hendricks for pre-trial proceedings and a Report and Recommendation ("Report"). On September 28, 2009, the Magistrate Judge issued a Report recommending that Defendants "South Carolin... Antrell Jermaine FORDHAM, Plaintiff, v. Dr. John PATE, Defendant. [FN1]FN1. Dr. Edward Stahl, Jr. was dismissed by stipulation of the parties on September 15, 2009. Dkt. # 48. , D.S.C., October 30, 2009 OPINION and ORDER CAMERON McGOWAN CURRIE, District Judge. This matter is before the court on Plaintiff's pro se complaint, filed in this court pursuant to 42 U.S.C. § 1983. In accordance with 28 U.S.C. § 636(b) and Local Civil Rule 73.02(B)(2)(d), DSC, this matter was referred to United States Magistrate Judge Bruce Howe Hendricks for pre-trial proceedings and a Report and Recommendation ("Report"). On October 6, 2009, the Magistrate Judge issued a Report recommending that the complaint be... Toriano GREEN, Petitioner, v. Robert STEVENSON, Warden, Broad River Correctional Institution, Respondents. , D.S.C., October 30, 2009 Toriano Green, Columbia, SC, pro se. Donald John Zelenka, William Edgar Salter, III, SC Attorney General's Office, Columbia, SC, for Respondents. ORDER PATRICK MICHAEL DUFFY, District Judge. This matter is before the court upon the magistrate judge's recommendation that respondents' motion for summary judgment be granted and the habeas petition dismissed with prejudice. Because petitioner is pro se, this matter was referred to the magistrate judge. [FN1] FN1. Pursuant to the provisions o... Lorenzo MAYBIN, Plaintiff, v. Larry W. POWERS; Medical Staff from Spartanburg County Detention Facility, Defendants. , D.S.C., October 29, 2009 ORDER TERRY L. WOOTEN, District Judge. This matter is now before the undersigned for review of the Report and Recommendation ("the Report") filed by United States Magistrate Thomas E. Rogers, III, to whom this case had previously been assigned pursuant to 28 U.S.C. § 636(b) and Local Rule 73.02(B) (2) (D.S.C.). In his Report, Magistrate Judge Rogers recommends that the Complaint in the above-captioned case be dismissed without prejudice and without issuance and service of process. (Doc. #... Brenda L. BROWN, Plaintiff, v. EMPLOYMENT SECURITY COMMISSION (Bennettsville, S.C.), and Employment Security Commission (Columbia, S.C.), Defendants. , D.S.C., October 29, 2009 ORDER R. BRYAN HARWELL, District Judge. This matter comes before the court with the [Docket Entry # 11] Report and Recommendation of United States Magistrate Judge Thomas E. Rogers, III. [FN1] FN1. This matter was automatically referred to Magistrate Judge Rogers pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Civil Rule 73.02(B)(2)(e) (D.S.C.). Plaintiff, proceeding pro se, is currently a resident of Bennettsville, South Carolina. She has brought suit against two offices of the South Carolin... CHANNELBIND INTERNATIONAL CORPORATION, Plaintiff, v. ESSELTE CORPORATION; Esselte Business Systems, Inc.; Esselte Dymo, N.V.; Esselte Ltd.; Esselte AB; Esselte BVBA; Esselte Holdings, Inc.; Esselte Business BVBA; Esselte Business Corporation; and E, D.S.C., October 29, 2009 OPINION AND ORDER HENRY M. HERLONG, JR., Senior District Judge. This matter is before the court on the Defendants' motion for summary judgment. After consideration, the court grants the Defendants' motion. I. FACTUAL AND PROCEDURAL BACKGROUND The Plaintiff, Channelbind International Corporation ("Channelbind"), manufactures document binding products in Spartanburg, South Carolina. The Defendants are various related entities. Esselte Holdings, Inc. ("Esselte Holdings"), formerly known as ... Quintin M. LITTLEJOHN, Plaintiff, v. UNITED NATIONS, Defendant. , D.S.C., October 29, 2009 ORDER R. BRYAN HARWELL, District Judge. This matter comes before the court with the [Docket Entry # 9] Report and Recommendation of United States Magistrate Judge William M. Catoe [FN1] filed on September 14, 2009. FN1. This matter was referred to Magistrate Judge Catoe pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Civil Rule 73.02(B)(2)(e) (D.S.C.). Plaintiff, who currently resides in Gaffney, South Carolina, is under an order of pre-filing review. [FN2]See Graham v. Riddle, 5... Keith Allen DREW, Petitioner, v. Warden J. OWENS, FCI Williamsburg; and Sheriff Craig Webre, LaFourche Parish, Louisiana Sheriff, Respondents. , D.S.C., October 29, 2009 ORDER TERRY L. WOOTEN, District Judge. Petitioner, Keith Allen Drew ("petitioner"), brought this civil action, pro se, pursuant to 28 U.S.C. § 2241. (Doc. # 1). The respondents filed a motion to dismiss or, in the alternative, to transfer on June 3, 2009. (Doc. # 13). The petitioner filed a response on June 26, 2009. (Doc. # 16). The petitioner then filed a motion for preliminary injunction on August 24, 2009 which remains pending. (Doc. # 19). The respondents filed a response in oppositio... Donniel WOODS, Plaintiff, v. Amy A. LAND; Marsha Nelson; Laura Mills; and Barbara Proctor, Defendants. , D.S.C., October 29, 2009 ORDER TERRY L. WOOTEN, District Judge. Plaintiff, Donniel Woods ("plaintiff"), filed this civil action, pro se, on August 24, 2009. (Doc. # 1). On September 1, 2009, United States Magistrate Judge Bristow Marchant filed a Report and Recommendation recommending that the complaint in this case be dismissed without prejudice and without issuance and service of process. (Doc. # 8). On September 11, 2009, the plaintiff filed objections to the first Report and Recommendation. (Doc. # 10). On tha... Irvin Vernon MASON, Petitioner, v. Jon OZMIT, Director; Willie Eagleton, Warden, Respondent. , D.S.C., October 28, 2009 ORDER MARGARET B. SEYMOUR, District Judge. Petitioner Irvin Vernon Mason is an inmate in custody of the South Carolina Department of Corrections. He currently is housed at Evans Correctional Institution in Bennettsville, South Carolina. On April 2, 2009, Petitioner, proceeding pro se, filed the within petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. In accordance with 28 U.S.C. § 636(b) and Local Rule 73.02, D.S.C ., this matter was referred to United States Magistrate Ju... Joseph EDWARDS, Plaintiff, v. Mr. Michael A. ZENK, Warden; Mr. Romero, Associate, Warden; Mr. J.E. Stewart, Unit Manager; Mr. Micheal Howard, SIS Lt.; Ms. C.C. Gladney, Case Manager; Ms. Susan Hislop, DHO; and Ms. Leslie L. Carpenter, Case Manager,, D.S.C., October 28, 2009 ORDER MARGARET B. SEYMOUR, District Judge. Plaintiff Joseph Edwards is an inmate in custody of the Bureau of Prisons. He currently is incarcerated at FCI Edgefield in Edgefield, South Carolina. Plaintiff, appearing pro se, filed the within action on September 10, 2009, alleging that his constitutional rights were violated in various respects when he was incarcerated at USP-Atlanta, Georgia. Plaintiff brings this action pursuant to Bivens v. Six Unknown Named Agents of Federal Bureau of Narcot... Ted Lester COIT, Plaintiff, v. The HERALD and The Fort Mill Times, Defendants. , D.S.C., October 28, 2009 ORDER PATRICK MICHAEL DUFFY, District Judge. This matter is before the court on Plaintiff Ted Lester Coit's ("Plaintiff") pro se civil action for defamation. On June 25, 2009, in accordance with 28 U.S.C. § 636(b)(1)(B) and Local Rule 73.02, the Magistrate Judge entered a Report and Recommendation ("R & R") recommending that Plaintiff's complaint be dismissed without prejudice and without service of process for lack of subject matter jurisdiction and for failure to state a claim on which rel... Matthew Thomas PICKENS, Petitioner, v. SOUTH CAROLINA DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES, Respondents. , D.S.C., October 28, 2009 ORDER R. BRYAN HARWELL, District Judge. This matter is before the court for review of the Report and Recommendation of United States Magistrate Judge Robert S. Carr, made in accordance with 28 U.S.C. § 636(b)(1)(B) and Local Rule 73 .02 for the District of South Carolina. The Magistrate Judge makes only a recommendation to this court. The recommendation has no presumptive weight. The responsibility to make a final determination remains with this court. See Mathews v. Weber, 423 U.S. 261, 2... STATE FARM AND CASUALTY COMPANY, Plaintiff, v. John SINGLETON and Amanda Lynn Waldron as Guardian for the minor Brandon Bivens, Dorchester County School District Two, and Brandon Bivens, Individually, Defendants. , D.S.C., October 28, 2009 ORDER PATRICK MICHAEL DUFFY, District Judge. This matter is before the court upon Defendant Dorchester County School District Two's ("DCSD2") motion to dismiss for lack of subject matter jurisdiction pursuant to Federal Rule of Civil Procedure 12(b)(1). For the following reasons, the court grants DCSD2's motion to dismiss. BACKGROUND On May 28, 2009, Plaintiff State Farm Fire and Casualty Company ("State Farm") brought this action against Defendants seeking declaratory relief pursuant to 28... Valerie THOMAS, M.D., Robert E. Thomas, Jr., P.A., individually and as personal representative of the Estate of Benjamin Thomas, Plaintiffs, v. COCA-COLA COMPANY, Coca-Cola Bottling Company Consolidated, Piedmont Coca-Cola Bottling Partnership, Jos, D.S.C., October 28, 2009 Order PATRICK MICHAEL DUFFY, District Judge. This matter is before the court upon Defendant Nivardo Ramirez's Motion to Dismiss, Defendants Willbrook Links Investment Group, LLC, d/b/a Tradition Golf Club, and Palmetto Labor Services, Inc.'s Motion for Summary Judgment, and Defendant Coca-Cola Company's Motion for Summary Judgment. For the following reasons, the court grants Defendant Nivardo Ramirez's Motion to Dismiss and Defendant Coca-Cola Company's Motion for Summary Judgment, but denies... Frank STATEN, Plaintiff, v. SOUTH CAROLINA PROBATION DEPARTMENT, Danielle Fairman, and Ron Harper, Director, Defendants. , D.S.C., October 28, 2009 ORDER R. BRYAN HARWELL, District Judge. This matter is before the court for review of the Report and Recommendation of United States Magistrate Judge Thomas E. Rogers, III, made in accordance with 28 U.S.C. § 636(b)(1)(B) and Local Rule 73.02 for the District of South Carolina. The Magistrate Judge makes only a recommendation to this court. The recommendation has no presumptive weight. The responsibility to make a final determination remains with this court. See Mathews v. Weber, 423 U.S. ... Joseph Barton BENSON, Plaintiff, v. Deputy S.T. DeLOACH; Deputy NFN Warchol; and Southern Health Partners, Defendants. , D.S.C., October 28, 2009 ORDER (Written Opinion) G. ROSS ANDERSON, JR., Senior District Judge. This matter comes before the Court to review Magistrate Judge Hendricks' Report and Recommendation, pursuant to 28 U.S.C. § 636(b) (1)(B) and Local Rule 73.02(B)(2)(d), D.S.C., filed on September 29, 2009. Plaintiff brought a § 1983 claim against the Defendants on January 9, 2009. On March 2, 2009, Defendant Southern Health Partners filed a Motion for Summary Judgment. On June 16, 2009, Defendants DeLoach and Warchol ... Carroll Luther LANHAM, Plaintiff, v. McMILLAN-CARTER, INC., Defendant. , D.S.C., October 28, 2009 ORDER HENRY F. FLOYD, District Judge. This case was filed as an employment discrimination action under the Americans with Disabilities Act. Plaintiff is proceeding pro se. The matter is before the Court for review of the Report and Recommendation (Report) of the United States Magistrate Judge suggesting that Defendant's motion to show cause be granted and the case be dismissed with prejudice pursuant to Federal Rules of Civil Procedure 37(b)(2)(A) and 41(b). The Report was made in accorda... William Howard RUTLAND, III, a/k/a William H. Rutland, III, Plaintiff v. Rebecca L. WENRICH, Nurse, Defendant. , D.S.C., October 28, 2009 ORDER SOL BLATT, JR., Senior District Judge. This matter is before the Court upon the Plaintiff's pro se complaint filed pursuant to 42 U.S.C. § 1983. By local rule, the matter was referred to a United States Magistrate Judge for preliminary determinations. On September 24, 2009, United States Magistrate Judge Bruce Howe Hendricks issued a report and recommendation ("R & R") analyzing the Plaintiff's complaint and recommending that the Court dismiss the Plaintiff's complaint without prejud... Bo Anderson TAYLOR, Plaintiff, v. Kelvin MYERS "SGT.," Stan Burt "Warden," Jones "SGT.," and Simmons C/O, Defendants. , D.S.C., October 27, 2009 OPINION AND ORDER HENRY M. HERLONG, JR., Senior District Judge. This matter is before the court for review of the Report and Recommendation of United States Magistrate Judge Bruce Howe Hendricks, made in accordance with 28 U.S.C. § 636(b)(1) and Local Civil Rule 73.02 for the District of South Carolina. The magistrate judge makes only a recommendation to this court. The recommendation has no presumptive weight. The responsibility to make a final determination remains with this court. See M... Jack K. DOILEY, Petitioner, v. State of SOUTH CAROLINA; and Warden of Evans Correctional Institution, Respondents. , D.S.C., October 27, 2009 OPINION and ORDER CAMERON McGOWAN CURRIE, District Judge. This matter is before the court on Petitioner's pro se application for writ of habeas corpus, filed in this court pursuant to 28 U.S.C. § 2254. In accordance with 28 U.S.C. § 636(b) and Local Civil Rule 73.02(B)(2)(c), DSC, this matter was referred to United States Magistrate Judge Joseph R. McCrorey for pre-trial proceedings and a Report and Recommendation ("Report"). On October 1, 2009, the Magistrate Judge issued a Report recomme... Patricia FRAZIER, Plaintiff, v. TARGET CORPORATION, Defendant. , D.S.C., October 27, 2009 J. David Murrell, Murrell Law Firm, Charleston, SC, for Plaintiff. Julia Kelley Ebert, Stephanie E. Lewis, Jackson Lewis, Greenville, SC, for Defendant. ORDER PATRICK MICHAEL DUFFY, District Judge. This matter is before the court upon Defendant Target Corporation's ("Defendant") motion to dismiss count two of Plaintiff Patricia Frazier's ("Plaintiff") complaint pursuant to Federal Rule of Civil Procedure 12(b)(6). For the following reasons, the court grants Defendant's motion to dismiss... BANKERS INSURANCE COMPANY, Plaintiff, v. Ruben A. PREZZY, IV, as Personal Representative of the Estate of Kenyon Devonte Prezzy Scales, and Kenyon C. Prezzy, as Personal Representative of the Estate of Jessie Prezzy, and as Personal Representative , D.S.C., October 27, 2009 Timothy A. Domin, Clawson and Staubes, Charleston, SC, for Plaintiff. Daniel Nathan Hughey, Hughey Law Firm, Mt Pleasant, SC, Stuart Hudson, David B. Yarborough, Jr., Stuart Hudson, Pierce, Herns, Sloan and McLeod, Charleston, SC, for Defendants. ORDER PATRICK MICHAEL DUFFY, District Judge. This case arises out of an unfortunate house fire that occurred at the residence of Ms. Jessie Prezzy, which killed her, her daughter, Defendant Synethia Prezzy, and her grandson, Defendant Kenyon De... Keith G. COLEMAN, Petitioner, v. Mildred RIVERA, Warden FCI Estill, Respondent. , D.S.C., October 27, 2009 Keith G. Coleman, Estill, SC, pro se. ORDER R. BRYAN HARWELL, District Judge. The Petitioner, Keith G. Coleman, is a federal prisoner proceeding pro se and in forma pauperis under Title 28 U.S.C. § 2241. He is currently an inmate at FCI-Estill in Hampton County, South Carolina. This case was assigned to United States Magistrate Judge Bristow Marchant. [FN1] Pending before the court is a Report and Recommendation [Docket Entry # 10] from the Magistrate Judge filed on April 17, 2009. In t... Anthony Glenn JAMES, Jr., a/k/a Anthony James, Plaintiff, v. Jon OZMINT, Director of SCDC; Warden Padula, Lee Correctional Institution; Mr. Oberman, Lee Correctional Institution Special Management Unit Director; and Sharon Patterson, Lee Correction, D.S.C., October 27, 2009 Anthony Glenn James, Jr., Bishopville, SC, pro se. John B. McCutcheon, Jr., Lisa Arlene Thomas, McCutcheon McCutcheon and Baxter, Conway, SC, for Defendants. OPINION AND ORDER HENRY M. HERLONG, JR., Senior District Judge. This matter is before the court for review of the Report and Recommendation of United States Magistrate Judge Thomas E. Rogers, III, made in accordance with 28 U.S.C. § 636(b)(1) and Local Civil Rule 73.02 for the District of South Carolina. The magistrate judge makes o... Titus C. GEER, Petitioner, v. Tim RILEY, Warden, Respondent. , D.S.C., October 26, 2009 ORDER CAMERON McGOWAN CURRIE, District Judge. This matter is before the court on Petitioner's pro se application for application for writ of habeas corpus, filed in this court pursuant to 28 U.S.C. § 2254, but construed by the Magistrate Judge as being a petition for relief under 28 U.S.C. § 2241. In accordance with 28 U.S.C. § 636(b) and Local Civil Rule 73.02(B)(2)(c), DSC, this matter was referred to United States Magistrate Judge Bruce Howe Hendricks for pre-trial proceedings and a Rep... Sandy HANEBRINK, Plaintiff, v. Marcia ADAMS, in her official capacity, as Acting Director of the South Carolina Department of Motor Vehicles, Defendant. , D.S.C., October 26, 2009 OPINION & ORDER HENRY M. HERLONG, JR., Senior District Judge. This matter is before the court on the Defendant's second motion for summary judgment. Sandy Hanebrink ("Hanebrink") seeks prospective injunctive relief based on disability discrimination pursuant to the Americans with Disabilities Act ("ADA"), 42 U.S.C. § 12101, et seq. For the reasons set forth below, the court grants the Defendant's motion. I. FACTUAL AND PROCEDURAL BACKGROUND On January 9, 2008, Hanebrink brought suit unde... Felton YAWN, Petitioner, v. Willie EAGLETON, Warden-ECI, Respondent. , D.S.C., October 26, 2009 ORDER PATRICK MICHAEL DUFFY, District Judge. This matter is before the court upon Petitioner Felton Yawn's ("Petitioner") Objections to a United States Magistrate Judge's Report and Recommendation ("R & R"), which recommended the court dismiss Petitioner's § 2241 Petition without prejudice and without service on Respondent. Having reviewed the entire record, including the Petitioner's Objections, the court finds the Magistrate Judge fairly and accurately summarized the facts and applied the ... Debbie HUGHEY, Plaintiff, v. REGIONS MORTGAGE et al., Defendants. , D.S.C., October 26, 2009 Debbie Hughey, Mauldin, SC, pro se. ORDER HENRY F. FLOYD, District Judge. This case was filed as a pro se civil action. The matter is before the Court for review of the Report and Recommendation (Report) of the United States Magistrate Judge suggesting that this case be dismissed without prejudice and without issuance and service of process. The Report was made in accordance with 28 U.S.C. § 636 and Local Civil Rule 73.02 for the District of South Carolina. The Magistrate Judge makes... Freddie BRADLEY, Petitioner, v. McKither BODISON, Respondent. , D.S.C., October 23, 2009 Freddie Bradley, Ridgeville, SC, pro se. Alphonso Simon, Jr., Donald John Zelenka, SC Attorney General's Office, Columbia, SC, for Respondent. ORDER R. BRYAN HARWELL, District Judge. The Petitioner, Freddie Bradley, is a state prisoner proceeding pro se under Title 28 U.S.C. § 2254. He is currently an inmate at Lieber Correctional Institution in Ridgeville, South Carolina. This matter comes before the court with the Report and Recommendation [Docket Entry # 33] of United States Magistrat... Christopher DARBY, Petitioner, v. Leroy CARTLEDGE, Warden of McCormick Correctional Institution, Respondent. , D.S.C., October 23, 2009 ORDER TERRY L. WOOTEN, District Judge. The petitioner, Christopher Darby ("petitioner"), brought this civil action, pro se, pursuant to 28 U.S.C. § 2254. (Doc. # 1). On March 27, 2009, the respondent filed a motion for summary judgment. (Doc. # 12, Doc. # 14). By Order filed on March 31, 2009, pursuant to Roseboro v. Garrison, 528 F.2d 309 (4th Cir.1975) , the petitioner was advised that he had 34 days to file a response to the respondent's motion for summary judgment. (Doc. # 17). Alth... Curtis D. RICHARDSON, a.k.a. Curtis Dale Richardson, Petitioner, v. Willie EAGLETON, Warden of Evans C.I., Respondent. , D.S.C., October 23, 2009 ORDER R. BRYAN HARWELL, District Judge. The Petitioner, Curtis D. Richardson, proceeding pro se, brought this habeas corpus action pursuant to 28 U.S.C. § 2254. Petitioner, who is an inmate at Evans Correctional Institution, filed this action in forma pauperis under 28 U.S.C. § 1915. This matter comes before the court with the Report and Recommendation [Docket Entry # 14] of United States Magistrate Judge Thomas E. Rogers, III, filed on December 18, 2008. [FN1] After reviewing the Petition an... Marcus Lashawn GIST, Plaintiff, v. Warden Wille EAGLETON; Lt. Quick; Officer S. Smith; John Ozmint, Defendants. , D.S.C., October 23, 2009 ORDER PATRICK MICHAEL DUFFY, District Judge. This matter is before the court upon the magistrate judge's recommendation that the within action be dismissed. Because plaintiff is pro se, this matter was referred to the magistrate judge. [FN1] FN1. Pursuant to the provisions of Title 28 United States Code, § 636(b)(1)(B), and Local Rule 73.02(B), D.S.C., the magistrate judge is authorized to review all pretrial matters and submit findings and recommendations to this Court. This Court is charged... Frederick KNOWLES, Plaintiff, v. S.C.D.C.; Doctor; Ms. Debber Morton; Ms. Ruth Mitchell, et al., Defendants. , D.S.C., October 23, 2009 Frederick Knowles, McCormick, SC, pro se. Steven Michael Pruitt, McDonald Patrick Tinsley Baggett and Poston, Greenwood, SC, for Defendants. ORDER MARGARET B. SEYMOUR, District Judge. Plaintiff Frederick Knowles is an inmate in custody of the South Carolina Department of Corrections (SCDC). Plaintiff, proceeding pro se, asserts that his constitutional rights have been violated in various respects. He brings this action pursuant to 42 U.S.C. § 1983. In accordance with 28 U.S.C. § 636(b... Rusty Merritte DUNBAR, Plaintiff, v. AIKEN COUNTY DETENTION CENTER, Stephen Roehrs, Authur King and Jesse Bussey, Defendants. , D.S.C., October 23, 2009 ORDER PATRICK MICHAEL DUFFY, District Judge. This matter is before the court upon the magistrate judge's recommendation that plaintiff's motion for summary judgment be denied, and that defendants' motion for summary judgment be granted. The record includes the report and recommendation of the United States Magistrate Judge made in accordance with this Court's Order of Reference and 28 U.S.C. § 636(b)(1)(B). Because plaintiff is pro se, this matter was referred to the magistrate judge. [FN1] F... Stanford L. BROWN, Plaintiff, v. Bethel WILLIAMS; Lt. Ancrum; Mrs. Williamson; Ofc. Donahue; Ofc. Boyd; Carolyn Silverhorn; James Browser; Ofc. Honeycut; Ofc. Kelly; S. Singleton; and Ofc. Chapman, in their individual capacities, Defendants. , D.S.C., October 23, 2009 ORDER PATRICK MICHAEL DUFFY, District Judge. This matter is before the court upon the magistrate judge's recommendation that defendants' motions for summary judgment be granted. The record includes the report and recommendation of the United States Magistrate Judge made in accordance with this Court's Order of Reference and 28 U.S.C. § 636(b)(1)(B). Because petitioner is pro se, this matter was referred to the magistrate judge. [FN1] FN1. Pursuant to the provisions of Title 28 United States C... William Lyn WOLFE, Plaintiff, v. Doctor Robert E. BABB; Joseph H. Powell; Nurse Denise Norwood; Warden McKither Bodison; Officer Jason Corbitt; Sgt. Terence Forde; Officer Brown; and Officer John Guinn, Defendant. , D.S.C., October 23, 2009 ORDER PATRICK MICHAEL DUFFY, District Judge. This matter is before the court upon the magistrate judge's recommendation that defendants' motion for summary judgment be granted. The record includes the report and recommendation of the United States Magistrate Judge made in accordance with this Court's Order of Reference and 28 U.S.C. § 636(b)(1)(B). Because petitioner is pro se, this matter was referred to the magistrate judge. [FN1] FN1. Pursuant to the provisions of Title 28 United States Co... © 2009 West, a Thomson business Westlaw Integration Solutions  /  Westlaw.com