CONSENT CONFIDENTIALITY ORDER PAIGE J. GOSSETT , Magistrate Judge . Whereas, the parties to this action ("parties"), have stipulated that certain discovery material and/or other information is and should be treated as confidential, and have agreed to the terms of this order; accordingly, it is this 28 th day of December , 2017, ORDERED: 1. Scope. All documents produced in the course of discovery, all response to discovery requests and all deposition testimony and deposition exhibits...
ORDER DAVID C. NORTON , District Judge . This matter is before the court on United States Magistrate Judge Bristow Marchant's Report and Recommendation ("R&R") that this court affirm Acting Commissioner of Social Security Nancy A. Berryhill's ("the Commissioner") decision denying plaintiff Brenda L. Smoak's ("Smoak") application for Supplemental Security Income ("SSI"). Smoak filed objections to the R&R. For the reasons set forth below, the court adopts the R&R and affirms the Commissioner'...
REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE KAYMANI D. WEST , Magistrate Judge . This appeal from a denial of social security benefits is before the court for a Report and Recommendation ("Report") pursuant to Local Civil Rule 73.02(B)(2)(a) (D.S.C.). Plaintiff brought this action pursuant to 42 U.S.C. 405(g) to obtain judicial review of the final decision of the Commissioner of Social Security ("Commissioner") denying her claim for Disability Insurance Benefits ("DIB") pursuant to the...
ORDER R. BRYAN HARWELL , District Judge . This matter is before the Court for review of the Report and Recommendation (R & R) of United States Magistrate Judge Kaymani D. West, made in accordance with 28 U.S.C. 636(b)(1)(A) and Local Civil Rule 73.02(B)(2)(e) (D.S.C.). See R & R [ECF No. 54]. The Magistrate Judge recommends that the Court transfer this case to the Eastern District of North Carolina and deny the two pending motions to dismiss as moot. The Magistrate Judge makes only a...
REPORT AND RECOMMENDATION BRISTOW MARCHANT , Magistrate Judge . The pro se Plaintiff brought this action seeking relief pursuant to Title 42, United States Code, Section 1983. On November 7, 2017, the Defendant Miley filed a motion to dismiss for failure to state a claim. 1 As the Plaintiff is proceeding pro se, a Roseboro Order was entered by the Court on November 8, 2017, advising Plaintiff of the importance of a dispositive motion and of the need for him to file an adequate...
REPORT AND RECOMMENDATION BRISTOW MARCHANT , Magistrate Judge . The Plaintiff filed the complaint in this action pursuant to 42 U.S.C. 405(g), seeking judicial review of the final decision of the Commissioner wherein she was denied disability benefits. This case was referred to the undersigned for a report and recommendation pursuant to Local Rule 73.02(B)(2)(a), (D.S.C.). Plaintiff applied for Disability Insurance Benefits (DIB) on March 2, 2010, alleging disability beginning February...
Report and Recommendation THOMAS E. ROGERS, III , Magistrate Judge . This is a civil action filed by a pretrial detainee, proceeding pro se and in forma pauperis. Pursuant to 28 U.S.C. 636(b)(1) and District of South Carolina Local Civil Rule 73.02(B)(2)(e), the undersigned is authorized to review all pretrial matters in such pro se cases and to submit findings and recommendations to the district court. See 28 U.S.C. 1915(e). STANDARD OF REVIEW Under established local...
REPORT AND RECOMMENDATION BRISTOW MARCHANT , Magistrate Judge . The above-captioned case has been removed from the Court of Common Pleas for Berkeley County, South Carolina. As the Plaintiff is pro se , under Local Civil Rule 73.02 DSC, pretrial proceedings in this action have been referred to the assigned United States Magistrate Judge. The pro se Plaintiff brought this action asserting various claims related to the foreclosure of real property by the Defendants and subsequent...
REPORT AND RECOMMENDATION PAIGE J. GOSSETT , Magistrate Judge . The petitioner, Windsor W. Kessler, III, a self-represented federal prisoner, filed this petition for a writ of habeas corpus pursuant to 28 U.S.C. 2241. 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 Respondent's motion to dismiss. (ECF No. 15.) Pursuant to Roseboro v. Garrison , 528 F.2d 309 (4th Cir. 1975), the court advised...
REPORT AND RECOMMENDATION SHIVA V. HODGES , Magistrate Judge . Herbert Demond York ("Plaintiff"), proceeding pro se, filed this action on March 24, 2017. [ECF No. 1]. On October 20, 2017, Defendants filed a motion for summary judgment. [ECF No. 33]. As Plaintiff is proceeding pro se, the court entered an order pursuant to Roseboro v. Garrison, 528 F.2d 309 (4th Cir. 1975), advising him of the importance of the motion and of the need for him to file an adequate response by November 20,...
REPORT AND RECOMMENDATION SHIVA V. HODGES , Magistrate Judge . Herbert Demond York ("Plaintiff"), proceeding pro se, filed this action on December 21, 2016. [ECF No. 1]. On October 23, 2017, Defendants filed a motion for summary judgment. [ECF No. 57]. As Plaintiff is proceeding pro se, the court entered an order pursuant to Roseboro v. Garrison, 528 F.2d 309 (4th Cir. 1975), advising him of the importance of the motion and of the need for him to file an adequate response by November...
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 (D.S.C.). The plaintiff, Betty Pruitt, 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...
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...
ORDER R. BRYAN HARWELL , District Judge . Plaintiff Clifton Daryl Ray Liewald, a state prisoner proceeding pro se, brings this action pursuant to 42 U.S.C. 1983 against the above-captioned Defendants. The matter is before the Court for review of the Report and Recommendation ("R & R") of United States Magistrate Judge Jacquelyn D. Austin, made in accordance with 28 U.S.C. 636(b)(1)(B) and Local Civil Rule 73.02(B)(2) (D.S.C.). See ECF No. 156. The Magistrate Judge recommends granting...
ORDER J. MICHELLE CHILDS , District Judge . This matter is before the court upon review of the Magistrate Judge's Report and Recommendation ("Report") (ECF No. 17), filed on November 21, 2017, recommending that the "Commissioner of Social Security's decision be reversed and remanded for administrative action consistent with the Report, pursuant to sentence four of 42 U.S.C. 405(g)." The Magistrate Judge's Report is made in accordance with 28 U.S.C. 636(b)(1)(B) and Local Civil Rule 73....
ORDER DONALD C. COGGINS, JR. , District Judge . This matter is before the Court on Plaintiff's Complaint alleging violations of civil rights pursuant to 42 U.S.C. 1983. ECF No. 1. In accordance with 28 U.S.C. 636(b) and Local Civil Rule 73.02(B)(2), (D.S.C.), this matter was referred to United States Magistrate Judge Shiva V. Hodges for pre-trial proceedings and a Report and Recommendation ("Report"). On March 29, 2017, the Magistrate Judge ordered Plaintiff to provide certain...
ORDER J. MICHELLE CHILDS , District Judge . This matter is before the court upon review of the Magistrate Judge's Report and Recommendation ("Report") (ECF No. 7), filed on August 2, 2017, recommending that Plaintiff Benard A. Hurley's Motion for a Temporary Restraining Order ("TRO") and Preliminary Injunction be denied. (ECF No. 7 at 4.) The Magistrate Judge's Report is made in accordance with 28 U.S.C. 636(b)(1)(B) and Local Civil Rule 73.02(B)(2)(d) for the District of South Carolina....
ORDER DONALD C. COGGINS, JR. , District Judge . THIS MATTER COMES BEFORE THE COURT on the parties' joint motion seeking to extend the deadline within which they must mediate to, as well as the remaining deadlines in the court's Specialized Case Management Order ("SCMO"). The parties have scheduled the mediation for January 12, 2018 and ask that the deadline to file the joint stipulation and the parties' respective memoranda to be moved to February 12, 2018. For good cause shown, the court...
ORDER R. BRYAN HARWELL , District Judge . This matter is before the Court for review of the Report and Recommendation (R & R) of United States Magistrate Judge Kaymani D. West, made in accordance with 28 U.S.C. 636(b)(1)(A) and Local Civil Rule 73.02(B)(2)(e) (D.S.C.). See R & R [ECF No. 54]. The Magistrate Judge recommends that the Court transfer this case to the Eastern District of North Carolina and deny the two pending motions to dismiss as moot. The Magistrate Judge makes only a...
Report and Recommendation KAYMANI D. WEST , Magistrate Judge . Plaintiff, proceeding pro se, filed this medical-malpractice action pursuant to the Federal Tort Claims Act ("FTCA"). 1 This matter is before the court on Defendant Daniel Gordon's Motion to Dismiss pursuant to Rule 12(b)(2) and 12(b)(6) of the Federal Rules of Civil Procedure. ECF No. 37. On July 19, 2017, pursuant to Roseboro v. Garrison, 528 F.2d 309 (4th Cir. 1975), the court advised Plaintiff of the dismissal...
