REPORT AND RECOMMENDATION SHIVA V. HODGES, Magistrate Judge. Plaintiff, proceeding pro se and in forma pauperis, brought this action alleging violations of his constitutional rights pursuant to 42 U.S.C. 1983. Defendants filed a motion for summary judgment on November 5, 2014. [ECF No. 23]. As Plaintiff is proceeding pro se, the court entered an order pursuant to Roseboro v. Garrison, 528 F.2d 309 (4th Cir. 1975), on November 6, 2014, advising him of the importance of the motion for...
REPORT AND RECOMMENDATION BRISTOW MARCHANT, Magistrate Judge. Petitioner seeks a writ of habeas corpus pursuant to 28 U.S.C. 2254. The pro se petition was filed on July 18, 2013. 1 Petitioner is a state prisoner housed at the Evans Correctional Institution. On December 5, 2014, the Respondent filed a return and motion for summary judgment to dismiss, without prejudice, based on Petitioner's failure to exhaust his administrative remedies. As the Petitioner is proceeding pro se, a...
Report and Recommendation KAYMANI D. WEST, Magistrate Judge. Plaintiff, proceeding pro se and in forma pauperis, brought this action alleging violations of his constitutional rights pursuant to 42 U.S.C. 1983. On September 2, 2014, all Defendants, except Lieutenant Williams, filed a Motion to Dismiss and alternatively a Motion for Summary Judgment. ECF No. 32. As Plaintiff is proceeding pro se, the court entered an order on September 3, 2014, pursuant to Roseboro v. Garrison, 528 F.2d...
REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE JACQUELYN D. AUSTIN, Magistrate Judge. Plaintiff brought this action pro se, seeking relief pursuant to 42 U.S.C. 1983. [Doc. 1.] On July 10, 2014, the Court authorized service of process on Nurse Johnson and Nurse McQueen and advised Plaintiff of his duty to keep the Court informed of his current address. [Doc. 8.] Defendant Nurse Johnson filed a motion for summary judgment on November 21, 2014. [Doc. 44.] On the same day, pursuant to...
REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE JACQUELYN D. AUSTIN, Magistrate Judge. Plaintiff brought this action pro se, seeking relief pursuant to 42 U.S.C. 1983. [Doc. 1.] On July 1, 2014, the Court issued an Order directing Plaintiff to bring the case into proper form and advising Plaintiff of his duty to keep the Court informed of his current address. [Doc. 8.] On August 4, 2014, the Court authorized service of process upon Defendant Connie Reichard ("Defendant") only. [Doc. 21.]...
REPORT AND RECOMMENDATION KAYMANI D. WEST, Magistrate Judge. Plaintiffs, husband and wife appearing pro se, filed this action in the Dillon County Court of Common Pleas in February 2014. Plaintiffs' lengthy Complaint alleges many violations of federal and state constitutional rights, numerous claims brought pursuant to the South Carolina Tort Claims Act, as well as other state-law-based personal injury claims, and state-law fraud/breach of fiduciary duty claims arising from the involuntary...
Report and Recommendation THOMAS E. ROGERS, III, Magistrate Judge. PROCEDURAL BACKGROUND The Plaintiff filed this action under 42 U.S.C. 1983 1 on May 21, 2014, alleging violations of his constitutional rights. Plaintiff is currently incarcerated at Lieber Correctional Institution. Defendants filed a motion for summary judgment along with a memorandum and affidavits in support of said motion. (Document #22). Because Plaintiff is proceeding pro se , he was advised on or about November 13,...
ORDER RICHARD MARK GERGEL, District Judge. This matter comes before the Court for judicial review of the final decision of the Commissioner of Social Security denying Plaintiffs application for Disability Insurance Benefits ("DIB") and Supplemental Security Income ("SSI"). In accordance with 28 U.S.C. 636(b) and Local Rule 73.02, D.S.C., this matter was referred to the United States Magistrate Judge for pretrial handling. The Magistrate Judge issued a Report and Recommendation ("R & R") on...
REPORT AND RECOMMENDATION SHIVA V. HODGES, Magistrate Judge. This appeal from a denial of social security benefits is before the court for a Report and Recommendation ("Report") pursuant to Local Civ. Rule 73.02(B)(2)(a) (D.S.C.). Plaintiff brought this action pursuant to 42 U.S.C. 405(g) and 1383(c)(3) to obtain judicial review of the final decision of the Commissioner of Social Security ("Commissioner") denying her claim for Disability Insurance Benefits ("DIB") and Supplemental...
REPORT OF MAGISTRATE JUDGE KEVIN F. McDONALD, Magistrate Judge. The petitioner, a state prisoner proceeding pro se, brought this action seeking habeas corpus relief pursuant to Title 28, United States Code, Section 2254. Pursuant to the provisions of Title 28, United States Code, Section 636(b)(1)(B), and Local Civ. Rule 73.02(B)(2)(c) (D.S.C.), this magistrate judge is authorized to review posttrial petitions for relief and submit findings and recommendations to the district court. On...
REPORT OF MAGISTRATE JUDGE KEVIN F. McDONALD, Magistrate Judge. This case is before the court for a report and recommendation pursuant to Local Civ. Rule 73.02(B)(2)(a)(D.S.C.), concerning the disposition of Social Security cases in this District, and Title 28, United States Code, Section 636(b)(1)(B). 1 The plaintiff, who is proceeding pro se, brought this action pursuant to Sections 205(g) and 1631(c)(3) of the Social Security Act, as amended (42 U.S.C. 405(g) and 1383(c)(3)), to...
REPORT AND RECOMMENDATION KAYMANI D. WEST, Magistrate Judge. Terry Mikell Smalley ("Petitioner") is a state prisoner who filed this pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. 2254. This matter is before the court pursuant to 28 U.S.C. 636(b)(1)(B), and Local Civil Rule 73.02(B)(2)(c) DSC, for a Report and Recommendation on Respondent's Return and Motion for Summary Judgment. ECF Nos. 24, 25. On August 4, 2014, pursuant to Roseboro v. Garrison, 528 F.2d 309 (4th...
REPORT AND RECOMMENDATION THOMAS E. ROGERS, III, District Judge. This is an action brought pursuant to Section 205(g) of the Social Security Act, as amended, 42 U.S.C. Section 405(g), to obtain judicial review of a "final decision" of the Commissioner of Social Security, denying Plaintiff's claim for Supplemental Social Security Benefits (SSI) and Disability Insurance Benefits (DIB). The only issues before the Court are whether the findings of fact are supported by substantial evidence and...
REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE WALLACE W. DIXON, Magistrate Judge. The Petitioner, Steven Samuel, number 318276, is presently incarcerated at the Evans Correctional Institution, a facility of the South Carolina Department of Corrections. The Petitioner, appearing pro se, filed his petition for a writ of habeas corpus pursuant to 28 U.S.C. 2254 on March 4, 2014. (Dkt. No. 1.) Samuel filed a pleading which the Clerk denominated a "Supplement" on March 5, 2014, in which he...
REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE JACQUELYN D. AUSTIN, Magistrate Judge. This matter is before the Court on Respondent's motion for summary judgment. [Doc. 19.] Petitioner, proceeding pro se, is a state prisoner who seeks relief under 28 U.S.C. 2254. Pursuant to the provisions of 28 U.S.C. 636(b)(1)(B), and Local Civil Rule 73.02(B)(2)(c), D.S.C., this magistrate judge is authorized to review post-trial petitions for relief and submit findings and recommendations to the...
REPORT OF MAGISTRATE JUDGE KEVIN F. McDONALD, Magistrate Judge. This case is before the court for a report and recommendation pursuant to Local Civ. Rule 73.02(B)(2)(a) (D.S.C.), concerning the disposition of Social Security cases in this District, and Title 28, United States Code, Section 636(b)(1)(B). 1 The plaintiff brought this action pursuant to Sections 205(g) and 1631(c)(3) of the Social Security Act, as amended (42 U.S.C. 405(g) and 1383(c)(3)), to obtain judicial review of a final...
REPORT AND RECOMMENDATION PAIGE J. GOSSETT, Magistrate Judge. This social security matter is before the court for a Report and Recommendation pursuant to Local Civil Rule 83.VII.02 DSC. The plaintiff, Angela Tennyson, brought this action pursuant to 42 U.S.C. 405(g) and 1383(c)(3) to obtain judicial review of a final decision of the defendant, Acting Commissioner of Social Security ("Commissioner"), denying her claims for Disability Insurance Benefits ("DIB"). Having carefully considered...
REPORT AND RECOMMENDATION PAIGE J. GOSSETT, Magistrate Judge. Petitioner Robert Whittaker, a self-represented state prisoner, filed this petition for a writ of habeas corpus pursuant to 28 U.S.C. 2254. This matter comes before the court pursuant to 28 U.S.C. 636(b) and Local Civil Rule 73.02(B)(2) DSC for a Report and Recommendation on the respondent's motion for summary judgment. (ECF No. 22.) Pursuant to Roseboro v. Garrison , 528 F.2d 309 (4th Cir. 1975), Whittaker was advised of...
ORDER AND OPINION MICHELLE CHILDS, District Judge. Plaintiff Thomas E. Webb ("Plaintiff") filed this pro se action pursuant to 42 U.S.C. 1983. Plaintiff alleges deliberate indifference to a serious medical need by Defendants HCA Nurse McDonald, Dr. Pate, Warden McCall, Nurse Ham, Dr. Drago, Nurse Fulton, and Dr. Benior (collectively "Defendants"). (ECF No. 1.) This matter is before the court on Defendants' Motion for Summary Judgment (ECF No. 81). In accordance with 28 U.S.C. 636(b)...
ORDER TIMOTHY M. CAIN, District Judge. Plaintiff John F. Oglesby, a state prisoner proceeding pro se, filed this action pursuant to 42 U.S.C. 1983, alleging claims of deliberate indifference to his serious medical needs. Before the court is a summary judgment motion filed by Defendants Harvey Beech, Erika Brown, Ebony Guess, and Margo Williams (herein referred to collectively as "Defendants"). (ECF No. 66). 1 The magistrate judge filed a Report and Recommendation ("Report"), recommending...
