REPORT AND RECOMMENDATION BRISTOW MARCHANT , Magistrate Judge . The pro se Defendant, Joyce A. Bryant, filed a notice of removal on November 23, 2015, which purports to remove Civil Action No. 2-14-CP-18-1054 from the Court of Common Pleas of Dorchester County, South Carolina. Defendant appears to asserts that removal of this state court mortgage foreclosure action is proper pursuant to 12 U.S.C. 95a(2) and 8 U.S.C. 1481. Notice of Removal , ECF No. 1-1 at 1. The removal statute,...
REPORT AND RECOMMENDATION KAYMANI D. WEST , Magistrate Judge . This matter is before the undersigned United States Magistrate Judge for a Report and Recommendation ("Report") on the pending Motion to Deposit Funds, for Attorney Fees, and for Dismissal with Prejudice filed by Plaintiff/Counter-Defendant Unum Life Insurance Company of America ("Unum" and "the pending Motion"). ECF No. 22. The case is before the undersigned because all Defendants are proceeding pro se. 1 Pursuant to 28 U.S.C....
REPORT AND RECOMMENDATION SHIVA V. HODGES , Magistrate Judge . Nathanael Lenard Reynolds ("Plaintiff"), proceeding pro se and in forma pauperis, filed this civil rights action pursuant to 42 U.S.C. 1983, alleging violations of his constitutional rights. He sues former Williamsburg County Sheriff's Department ("WCSD") officers Musier and Watson (collectively "Defendants"). This matter is before the court on Defendants' motion for summary judgment. [ECF No. 37]. Pursuant to Roseboro v....
Report and Recommendation THOMAS E. ROGERS, III , Magistrate Judge . Marcus Antwon Greene (Petitioner), appearing pro se, filed his petition for a writ of habeas corpus pursuant to 28 U.S.C. 2254 1 on May 19, 2015. (Doc. #1). Respondent filed a motion for summary judgment on August 17, 2015, along with a return and memorandum. (Docs. #14 and #15). The undersigned issued an order filed August 17, 2015, pursuant to Roseboro v. Garrison , 528 F.2d 309 (4 th Cir. 1975), advising...
REPORT AND RECOMMENDATION BRISTOW MARCHANT , Magistrate Judge . The pro se Defendant Eugene Elmore (Defendant) filed a notice of removal on November 10, 2015, which purports to remove Civil Action No. 2011-CP-08-02434, from the Court of Common Pleas of Berkeley County, South Carolina. Defendant appears to asserts that removal of the state court mortgage foreclosure action is proper pursuant to 12 U.S.C. 95a(2) and 8 U.S.C. 1481. Notice of Removal, ECF No.1 at 1. Plaintiff, Deutsche...
REPORT AND RECOMMENDATION SHIVA V. HODGES , Magistrate Judge . Nathanael L. Reynolds ("Plaintiff"), proceeding pro se and in forma pauperis, filed this civil rights action pursuant to 42 U.S.C. 1983, alleging violations of his constitutional rights. He sues former Williamsburg County Sheriff John H. Bartell, Jr. and Williamsburg County Sheriff's Department ("WCSD") officers Kennedy and Jackson (collectively "Defendants"). This matter is before the court on Defendants' motion for summary...
ORDER TERRY L. WOOTEN , Chief District Judge . Plaintiff Michael D. James, an inmate proceeding pro se, originally filed this action in the South Carolina Court of Common Pleas alleging a violation of his civil rights. (ECF Nos. 1-1 & 19.) Defendants removed the action to this Court on November 25, 2014. (ECF No. 1.) The matter now comes before the Court for review of the Report and Recommendation (R&R) filed on August 26, 2015, by Magistrate Judge Marchant, to whom this case was...
REPORT AND RECOMMENDATION KAYMANI D. WEST , Magistrate Judge . This matter is before the court for consideration of whether it should be dismissed for failure to timely comply with Federal Rule of Civil Procedure 25(a)(1)(A). Counsel filed this employment matter on behalf of James F. Grandits in December 2014. Compl., ECF No. 1. Defendants answered the Complaint, and the court issued a scheduling order on August 10, 2015. ECF No. 15. Upon being advised on August 13, 2015 that Plaintiff,...
REPORT AND RECOMMENDATION KAYMANI D. WEST , Magistrate Judge . Petitioner Samuel Harmon ("Petitioner") is a state prisoner who filed this 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. 8, 9. Petitioner is represented by counsel in this habeas action. On July 27,...
REPORT AND RECOMMENDATION KAYMANI D. WEST , Magistrate Judge . Petitioner Victor Sanchez Garcia ("Petitioner"), a federal prisoner, filed this pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. 2241. Respondent filed a Motion to Dismiss or alternatively a Motion for Summary Judgment on June 1, 2015. ECF No. 18. Pursuant to Roseboro v. Garrison, 528 F.2d 309 (4th Cir. 1975), the court advised Petitioner of the summary judgment and dismissal procedures and the possible...
Report and Recommendation THOMAS E. ROGERS, III , Magistrate Judge . Petitioner, Thurston M.Bolten (Petitioner), appearing pro se, filed his petition for a writ of habeas corpus pursuant to 28 U.S.C. 2254 1 on December 30, 2014. Respondent filed a motion for summary judgment on May 21, 2015, along with a return and memorandum. (Docs. #18 and #19). The undersigned issued an order filed May 22, 2015, pursuant to Roseboro v. Garrison, 528 F.2d 309 (4 th Cir. 1975), advising...
REPORT AND RECOMMENDATION THOMAS E. ROGERS, III , Magistrate Judge . Plaintiff, who is proceeding pro se, brings this action pursuant to 42 U.S.C. 1983, alleging various constitutional rights violations. Presently before the court are Defendants' Motion Dismiss for Failure to State a Claim (Document # 15) and Motion to Dismiss for Lack of Prosecution (Document # 21). Because he is proceeding pro se, Plaintiff was warned pursuant to Roseboro v. Garrison, 528 F.2d 309 (4th Cir. 1975),...
REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE MARY GORDON BAKER , Magistrate Judge . The Petitioner, a state prisoner, seeks habeas relief pursuant to 28 U.S.C. 2254. This matter is before the Court on the Respondent's Motion for Summary Judgment. (Dkt. No. 19; see also Dkt. No. 18.) Pursuant to the provisions of Title 28, United States Code, Section 636(b)(1)(B), and Local Rule 73.02(B)(2)(c), D.S.C., this magistrate judge is authorized to review the instant petition for relief and...
REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE JACQUELYN D. AUSTIN , Magistrate Judge . This matter is before the Court on a motion for protective order filed by Defendants Sergeant Andrew R. Hyslop ("Hyslop") and Deputy Brandon Surratt ("Surratt") [Doc. 36]; a motion to compel filed by Plaintiff [Doc. 41]; a motion for summary judgment filed by Defendants Anderson County Sheriff's Department, Hyslop, Sheriff John Skipper, and Surratt [Doc. 45]; a motion for summary judgment filed by...
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 October 8, 2015, Defendants filed a Motion for Summary Judgment. ECF No. 39. As Plaintiff is proceeding pro se, the court entered an order on October 9, 2015, pursuant to Roseboro v. Garrison, 528 F.2d 309 (4th Cir. 1975), advising Plaintiff of the importance of such...
REPORT AND RECOMMENDATION PAIGE J. GOSSETT , Magistrate Judge . Plaintiff Jarvis Gibbs, a self-represented state prisoner, filed this action pursuant to 42 U.S.C. 1983 alleging a violation of his constitutional rights by the defendant, who is an employee of the South Carolina Department of Corrections ("SCDC"). This matter is before the court pursuant to 28 U.S.C. 636(b) and Local Civil Rule 73.02(B)(2) (D.S.C.) for a Report and Recommendation on the defendant's motion for summary...
ORDER FOR REIMBURSEMENT OF PLRA FEE TERRY L. WOOTEN , District Judge . This matter comes before the Court on the Government's motion, filed on behalf of the United States Federal Bureau of Prisons as an interested party, which seeks an order reimbursing $11.03 in PLRA fees to inmate Kevin Wayne McDaniels. (ECF No. 30.) McDaniels filed a response indicating his consent to this motion. (ECF No. 31.) As set forth below, the Government's motion is hereby granted. As asserted by the parties,...
RICHARD MARK GERGEL , District Judge . This matter comes before the Court on the Report and Recommendation ("R & R") of the Magistrate Judge (Dkt. No. 53), recommending that the this matter be dismissed with prejudice for failure to prosecute pursuant to Rule 41(B) of the Federal Rules of Civil Procedure. The parties were advised of their right to file objections to the R & R and a failure to file timely objections would result in limited review by the District Court and waiver of the right...
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). The plaintiff brought this action pursuant to Section 205(g) of the Social Security Act, as amended (42 U.S.C. 405(g)) to obtain judicial review of a final decision of the Commissioner...
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"). The two issues...
