Order TERRY L. WOOTEN , Senior District Judge . Plaintiff George L. Douglas, proceeding pro se, filed this civil action alleging violations of his constitutional rights pursuant to 42 U.S.C. 1983. ECF No. 1. The matter now comes before the Court for review of the Report and Recommendation (Report) filed by the magistrate judge to whom this case was assigned. ECF No. 51. In the Report, the magistrate judge recommends that Plaintiff's case be dismissed under Rule 41(b) for failure to...
Order TERRY L. WOOTEN , Senior District Judge . Plaintiff Vashaun Ravenel, proceeding pro se, filed this civil action alleging violations of his constitutional rights pursuant to 42 U.S.C. 1983. ECF No. 47. The matter now comes before the Court for review of the Report and Recommendation (Report) filed by the magistrate judge to whom this case was assigned. ECF No. 97. In the Report, the magistrate judge recommends that Plaintiff's case be dismissed under Rule 41(b) for failure to...
ORDER BRUCE HOWE HENDRICKS , District Judge . This is an action brought pursuant to 42 U.S.C. 405(g) seeking judicial review of the Commissioner of Social Security's ("Commissioner") final decision, which denied Gloria C. Williams' ("Plaintiff") claim for widow's insurance benefits ("WIB"). The record includes the report and recommendation ("Report") of United States Magistrate Judge Jacquelyn D. Austin, which was made in accordance with 28 U.S.C. 636(b)(1)(B) and Local Civil Rule 73....
ORDER REMANDING CASE J. MICHELLE CHILDS , District Judge . This case was originally filed in the Court of Common Pleas for Orangeburg County, South Carolina on January 20, 2020, and was removed to this Court by defendants on March 11, 2020. The removal was made pursuant to 28 U.S.C. 1331, 1332, 1441, 1446 and applicable Local Civil Rules of the United States District Court for the District of South Carolina on the basis that there was diversity of citizenship among the parties and that...
ORDER BRUCE HOWE HENDRICKS , District Judge . This is an action brought pursuant to 42 U.S.C. 405(g) seeking judicial review of the Commissioner of Social Security's ("Commissioner") final decision, which denied Plaintiff Yolanda Ladetta Bryant's ("Plaintiff") claim for disability insurance benefits ("DIB") and supplemental security income ("SSI"). The record includes the report and recommendation ("Report") of United States Magistrate Judge Shiva V. Hodges, which was made in accordance...
ORDER BRUCE HOWE HENDRICKS , District Judge . This matter is before the Court upon Plaintiff Doris H. Jenkins' ("Plaintiff" or "Jenkins") pro se 1 complaint alleging claims against Defendants arising out of her mortgage. Plaintiff's complaint includes the following claims: (1) violations of the Real Estate Settlement Procedures Act ("RESPA"), 12 U.S.C. 2601, et seq. ; (2) violations of the Truth in Lending Act ("TILA"), 15 U.S.C. 1601, et seq. ; (3) fraud/intentional...
OPINION AND ORDER CAMERON McGOWAN CURRIE , Senior District Judge . Through this action, Plaintiff seeks judicial review of the final decision of the Commissioner of Social Security denying her claim for Disability Insurance Benefits ("DIB"). Plaintiff appealed pursuant to 42 U.S.C. 405(g). The matter is currently before the court for review of the Report and Recommendation ("Report") of Magistrate Judge Bristow Marchant, made in accordance with 28 U.S.C. 636(b)(1)(B) and Local Rules 73....
ORDER AND OPINION J. MICHELLE CHILDS , District Judge . This matter before the court is review of Petitioner Charles Allan Wallace's Motion to Vacate, Set Aside, or Correct Sentence pursuant to 28 U.S.C. 2255 (ECF No. 308) and Amended and Supplemental Motion (ECF No. 321). The Government has moved to dismiss, or, in the alternative, moved for summary judgment against the Petitioner (ECF No. 361-1). The matter is ripe for disposition. For the reasons discussed below, the court GRANTS...
OPINION & ORDER SHERRI A. LYDON , 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)(A), (B) and Local Civil Rule 73.02(B)(2)(d) (D.S.C.) (the "Report"). FACTUAL AND PROCEDURAL BACKGROUND Plaintiff Clifton Donell Lyles ("Plaintiff"), as a pro se state prisoner, filed this action pursuant to 42 U.S.C. 1983, alleging violations of his...
ORDER J. MICHELLE CHILDS , District Judge . Plaintiff Candace Blackmon filed this action against her former employers, Defendants PruittHealth, Inc. and PruittHealth-Carolina Gardens, LLC (together "Defendants"), alleging that she was subjected to discrimination and retaliation because of her race and sex in violation of Title VII of the Civil Rights Act of 1964 ("Title VII"), 42 U.S.C. 2000e-2000e-17; South Carolina Human Affairs Law ("SCHAL"), S.C. Code Ann. 1-13-10 to -110 (2019);...
Order TERRY L. WOOTEN , Senior District Judge . Plaintiff Serandy Michelle Goff brought this action pursuant to Section 205(g), as amended 42 U.S.C. 405(g), to obtain judicial review of a final decision of the Commissioner of Social Security (Commissioner) denying her claim for Disability Insurance Benefits. This matter is before the Court for review of the Report and Recommendation (Report) filed by United States Magistrate Judge Mary Gordon Baker. In the Report, the Magistrate Judge...
Opinion and Order on Motion to Amend (ECF No. 34). CAMERON McGOWAN CURRIE , Senior District Judge . Through this action, Plaintiff Lucinda S. Ruh ("Ruh") seeks recovery for injuries she sustained when a truck owned by Norris Trucking1, LLC ("Trucking Company") and operated by Cecil Norris ("Driver") struck the vehicle Ruh was driving. ECF No. 1-1 19-21 (Original Complaint); ECF No. 34-2 32-34 (Proposed Amended Complaint). Although Ruh alleges Driver's negligence was the immediate...
ORDER TIMOTHY M. CAIN , District Judge . Plaintiff Tina Etheredge ("Plaintiff") brought this action against Defendants S. Nichols and Greenwood Police Department (collectively, "Defendants") alleging several claims pursuant to 42 U.S.C. 1983 and the South Carolina Tort Claims Act ("SCTCA"). (ECF No. 1). The case was referred to a magistrate judge for all pretrial proceedings pursuant to 28 U.S.C. 636(b)(1)(B) and Local Civil Rule 73.02(B)(2) (D.S.C.). On July 1, 2019, Defendants filed...
CONSENT ORDER MARY GEIGER LEWIS , District Judge . This matter is before the Court on Plaintiff Counsel's Motion for Attorney's Fees under the Equal Access to Justice Act. (Dkt. Doc. No. 23.) On December 17, 2019, the Court reversed the Commissioner's decision that had denied Plaintiff's claim for Supplemental Security Income and remanded the case for further administrative proceedings pursuant to sentence four of 42 U.S.C. 405(g). (Dkt. Doc. No 21.) Plaintiff then filed and documented...
ORDER BRUCE HOWE HENDRICKS , District Judge . This matter is before the Court upon Plaintiff Jabbar J. Straws' ("Plaintiff" or "Straws") pro se complaint filed pursuant to 42 U.S.C. 1983, which raises claims against Defedant Bryan P. Stirling ("Defendant" or "Stirling"), in his individual capacity, related to the conditions of Plaintiff's confinement at McCormick Correctional Institution and Kershaw Correctional Institution since April 15, 2018. (ECF No. 1 at 5.) Specifically, Plaintiff...
OPINION & ORDER SHERRI A. LYDON , District Judge . This matter is before the court for review of the August 29, 2019 Report and Recommendation of United States Magistrate Judge Thomas E. Rogers, III (the "Report"), made in accordance with 28 U.S.C. 636(b)(1)(A), (B) and Local Civil Rule 73.02(B)(2)(g) (D.S.C.). For the reasons outlined herein, this court adopts the Report in its entirety. BACKGROUND This is an employment discrimination case asserted by Plaintiff Niquitta Legree ("...
ORDER AND OPINION J. MICHELLE CHILDS , District Judge . Joe L. Adams, Jr. ("Plaintiff"), proceeding pro se, filed a Complaint (ECF No. 1) against his former employer, 3D Systems, Inc. ("Defendant"), alleging claims of discrimination, harassment, and retaliation based on his race, color, and national origin in violation of Title VII of the Civil Rights Act of 1964, age discrimination in violation of the Age Discrimination in Employment Act of 1967, and state-law claims for assault,...
Opinion and Order CAMERON McGOWAN CURRIE , Senior District Judge . Through this action, Plaintiff Susan Woodard ("Plaintiff"), proceeding pro se, alleges employment discrimination on the basis of her race, sex, national origin, and age, as well as retaliation, against Whitney Bettie, Loree Sorenson, and SDH Services East, LLC. 1 ECF No. 1, 1-4 (supplement). On January 16, 2020, the court entered an Order adopting in part the Report and Recommendation which recommended dismissal of the...
OPINION AND ORDER SHERRI A. LYDON , District Judge . Whereas, the parties to this action ("parties"), have stipulated that certain discovery material is and should be treated as confidential, and have requested that the court enter a confidentiality order; and whereas the court has determined that the terms set forth herein are appropriate to protect the respective interests of the parties, the public, and the court; accordingly, it is this 17th day of March, 2020, ORDERED: 1. Scope....
ORDER AND OPINION J. MICHELLE CHILDS , District Judge . This action arises from Plaintiff Beverly Burrell's application to the Social Security Administration seeking supplemental security income ("SSI") under the Social Security Act ("the Act"), 42 U.S.C. 405(g) (2019). The matter before the court is a review of the Magistrate Judge's Report and Recommendation ("Report"), recommending that the court affirm the Commissioner's final decision because it is supported by substantial evidence...
