Report and Recommendation KAYMANI D. WEST , Magistrate Judge . Plaintiff, an inmate with the South Carolina Department of Corrections ("SCDC"), filed this 42 U.S.C. 1983 action alleging Defendants violated his constitutional rights. This matter is before the court on Defendants' Motion for Summary Judgment. ECF No. 93. As Plaintiff is proceeding pro se, the court entered a Roseboro order 1 on July 25, 2016, advising Plaintiff of the importance of such a motion and of the need for him...
REPORT AND RECOMMENDATION THOMAS E. ROGERS, III , Magistrate Judge . PROCEDURAL BACKGROUND Plaintiff, proceeding pro se, filed this action under 42 U.S.C. 1983 1 on January 20, 2016, alleging a violation of his constitutional rights. Plaintiff filed an amended complaint on March 16, 2016. (Doc. # 13). On September 15, 2016, Defendant Sheriff Strickland filed a motion for summary judgment along with a memorandum and affidavits. (Doc. #103). As the Plaintiff is proceeding pro se,...
SUPPLEMENTAL REPORT AND RECOMMENDATION PAIGE J. GOSSETT , Magistrate Judge . Mike H. Samadi, a self-represented plaintiff, filed this action seeking tax refunds for various years pursuant to 26 U.S.C. 7422. 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.). On November 28, 2016, the court issued a Report and Recommendation recommending that the defendant's motion to dismiss be granted in part and denied in part. (ECF No. 28.) In...
REPORT AND RECOMMENDATION KAYMANI D. WEST , Magistrate Judge . Julian De'Andre Battle ("Plaintiff"), a detainee at the Greenville County Detention Center ("GCDC"), filed this 42 U.S.C. 1983 action alleging that Defendant violated his constitutional rights. 1 This matter is before the court on Plaintiff's Motion for Summary Judgment filed on August 19, 2016, ECF No. 57, to which Defendant filed a Response on September 9, 2016, ECF No. 59. This matter is also before the court on Defendant'...
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") and...
REPORT AND RECOMMENDATION THOMAS E. ROGERS, III , Magistrate 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, finding that Plaintiff's disability ended as of May 31, 2011. The only issues before the Court are whether the findings of fact are supported by substantial evidence and whether proper legal standards have been applied....
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 22, 2016, Defendants filed a Motion for Summary Judgment. ECF No. 55. As Plaintiff is proceeding pro se, the court entered an order on September 26, 2016, pursuant to Roseboro v. Garrison, 528 F.2d 309 (4th Cir. 1975), advising Plaintiff of the importance of...
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 Plaintiff's application for Disability Insurance Benefits ("DIB"). 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 on December 12, 2016 recommending that the...
REPORT AND RECOMMENDATION MARY GORDON BAKER , Magistrate Judge . Plaintiff Angela Maria Price, through counsel, seeks judicial review of an unfavorable final administrative decision denying benefits on her application for a period of disability and disability benefits ("DIB") pursuant to Title II of the Social Security Act ("SSA"). See Section 205(g) of the SSA, as amended, 42 U.S.C. 405(g). This matter was referred to the assigned United States Magistrate Judge for review pursuant to...
REPORT AND RECOMMENDATION SHIVA V. HODGES , Magistrate Judge . Dean Alton Holcomb ("Plaintiff"), proceeding pro se and in forma pauperis, filed this action pursuant to 42 U.S.C. 1983, alleging violations of his constitutional rights during his incarceration at Greenville County Detention Center ("GCDC"). Plaintiff is currently incarcerated at Kirkland Correctional Institution ("KCI") in the custody of the South Carolina Department of Corrections ("SCDC"). Plaintiff sues South Carolina...
REPORT AND RECOMMENDATION THOMAS E. ROGERS, III , Magistrate Judge . PROCEDURAL BACKGROUND Plaintiff, proceeding pro se, file this action under 42 U.S.C. 1983 1 on May 9, 2016, alleging a violation of his constitutional rights. On November 8, 2016, Defendant filed a motion for summary judgment along with a memorandum and exhibit in support thereof. (Doc. # 23). As the Plaintiff is proceeding pro se, the court issued an order on or about November 9, 2016, pursuant to Roseboro v....
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 upon Respondent's Motion for Summary Judgment (Dkt. No. 36) as well as two motions filed by Petitioner: Petitioner's "Dispositive Motion" (Dkt. No. 34) and Petitioner's Motion for Summary Judgment (Dkt. No. 39). Pursuant to the provisions of Title 28, United States Code, Section 636(b)(1)(B)...
REPORT AND RECOMMENDATION THOMAS E. ROGERS, III , Magistrate Judge . PROCEDURAL BACKGROUND Plaintiff, proceeding pro se, filed this action under 42 U.S.C. 1983 1 on October 13, 2015, alleging a violation of his constitutional rights. On November 1, 2016, Defendants filed a motion for summary judgment along with a memorandum and exhibit in support thereof. (Doc. #51). As the Plaintiff is proceeding pro se, the court issued an order on or about November 3, 2016, pursuant to...
REPORT AND RECOMMENDATION BRISTOW MARCHANT , Magistrate Judge . This action has been filed by the Plaintiff, pro se, pursuant to 42 U.S.C. 1983. Plaintiff, who appears to be a pre-trial detainee at the Richland County Detention Center, alleges a violation of his constitutional rights by the named Defendants. A Rule 12 motion to dismiss has been filed on behalf of the "Defendant City of Columbia". However, the City of Columbia is not a named Defendant in this case. Rather, the named...
Report and Recommendation THOMAS E. ROGERS, III , Magistrate Judge . Petitioner, Eric A. Sumter, filed a pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. 2254 1 on March 7, 2016. (Doc. #1). Respondent filed a return and motion for summary judgment on July 14, 2016. (Docs. # 23 and # 24). As the Petitioner is proceeding pro se, the undersigned issued an order filed July 15, 2016, pursuant to Roseboro v. Garrison , 528 F.2d 309 (4th Cir. 1975), advising Petitioner of...
REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE JACQUELYN D. AUSTIN , Magistrate Judge . This matter is before the Court on a motion for preliminary injunction. [Doc. 6.] Pursuant to the provisions of 28 U.S.C. 636(b)(1)(B) and Local Civil Rule 73.02(B)(2), D.S.C., this magistrate judge is authorized to review all pretrial matters in this case and to submit findings and recommendations to the District Court. Plaintiff filed a motion for preliminary injunction on September 13, 2016. 1 [...
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 October 19, 2016, the Defendant McDonald filed a motion for summary judgment, seeking dismissal of this case. As the Plaintiff is proceeding pro se, a Roseboro Order was entered by the Court on October 20, 2016, advising Plaintiff of the importance of a dispositive motion and of the need for him to file an...
ORDER RICHARD MARK GERGEL , District Judge . This matter is before the Court on the Report and Recommendation of the Magistrate Judge, recommending that Defendants' motion for summary judgment be granted. For the reasons set forth below, the Court adopts the Report and Recommendation and grants summary judgment for Defendants. I. Background Plaintiff Patrick Lawrence, proceeding pro se, filed this action under 42 U.S.C. 1983 on January 8, 2016. At the time, he was an inmate in...
ORDER AND OPINION J. MICHELLE CHILDS , District Judge . Plaintiff Wendell Cooper ("Plaintiff") filed this action pro se against his employer, Defendant Spartanburg School District Seven ("Defendant"), alleging that Defendant retaliated against him in violation of Title VII of the Civil Rights Act of 1964 ("Title VII"), 42 U.S.C. 2000e-2000e-17, and the Civil Rights Act of 1866 (" 1981"), 42 U.S.C. 1981; and further interfered with and retaliated against him for exercising rights...
MEMORANDUM OPINION AND ORDER GRANTING DEFENDANT'S MOTION TO DISMISS AND TO COMPEL ARBITRATION MARY GEIGER LEWIS , District Judge . I. INTRODUCTION This is a diversity action. Plaintiff Daniel Patterson brings a state claim of wrongful termination in violation of public policy against Defendant Asbury SC Lex, L.L.C. The Court has jurisdiction over the matter under 28 U.S.C. 1332. Pending before the Court is Defendant's motion to dismiss and compel arbitration, or in the alternative, its...
