REPORT OF MAGISTRATE JUDGE KEVIN F. McDONALD , Magistrate Judge . The plaintiff, who is proceeding pro se, alleges that the defendant, his former employer, discriminated against him in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. 1981, and the Age Discrimination in Employment Act of 1967 ("ADEA") (doc. 1-1). Pursuant to the provisions of Title 28, United States Code, Section 636(b)(1)(A), and Local Civ. Rule 73.02(B)(2)(g) (D.S.C.), this magistrate judge is...
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 AND RECOMMENDATION OF MAGISTRATE JUDGE JACQUELYN D. AUSTIN , Magistrate Judge . This matter is before the Court for a Report and Recommendation pursuant to Local Civil Rule 73.02(B)(2)(a), D.S.C., and 28 U.S.C. 636(b)(1)(B). 2 Plaintiff 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 Commissioner of Social Security ("the Commissioner"), denying Plaintiff's claims for disability insurance benefits ("DIB") and...
REPORT AND RECOMMENDATION KAYMANI D. WEST , Magistrate Judge . Plaintiff's pro se Complaint against Cowabunga, Inc. & Domino's Pizza (collectively, "Defendants") initially was filed in the Horry County, South Carolina Court of Common Pleas and was removed to this court on September 26, 2019. ECF No. 1. This matter is before the undersigned for consideration of Defendants' two dispositive motions: Motion to Dismiss brought pursuant to Rule 12, ECF No. 7; and Motion to Dismiss for Lack of...
REPORT AND RECOMMENDATION SHIVA V. HODGES , Magistrate Judge . Steve Jenkins ("Plaintiff"), proceeding pro se and in forma pauperis, brings this action pursuant to the Federal Tort Claims Act, 28 U.S.C. 2674 ("FTCA"), alleging an improper application of the Bureau of Prison's ("BOP") custody classification procedures while Plaintiff was incarcerated at the Federal Correctional Institution in Estill, South Carolina ("FCI-Estill"), a facility of the BOP. 1 Plaintiff seeks in part to have...
REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE JACQUELYN D. AUSTIN , Magistrate Judge . Plaintiff brought this action seeking relief pursuant to 42 U.S.C. 1983. [Doc. 1.] On October 1, 2019, Defendant filed a motion for summary judgment. [Doc. 24.] By Order of this Court filed the next day, pursuant to Roseboro v. Garrison, 528 F.2d 309 (4th Cir. 1975), Plaintiff was advised of the summary judgment/dismissal procedure and the possible consequences if he failed to respond adequately to...
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, P. J. Ondeck, 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") and Supplemental...
REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE JACQUELYN D. AUSTIN , Magistrate Judge . This matter is before the Court for a Report and Recommendation pursuant to Local Rule 73.02(B)(2)(a), D.S.C., and 28 U.S.C. 636(b)(1)(B). 1 Plaintiff, proceeding pro se, brought this action pursuant to 42 U.S.C. 405(g) to obtain judicial review of a final decision of the Commissioner of Social Security ("the Commissioner"), denying Plaintiff's claim for disability insurance benefits ("DIB"). 2...
REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE JACQUELYN D. AUSTIN , Magistrate Judge . This matter is before the Court for a Report and Recommendation pursuant to Local Rule 73.02(B)(2)(a), D.S.C., and 28 U.S.C. 636(b)(1)(B). 2 Plaintiff, proceeding pro se, brought this action pursuant to 42 U.S.C. 405(g) to obtain judicial review of a final decision of the Commissioner of Social Security ("the Commissioner"), denying Plaintiff's claim for disability insurance benefits ("DIB"). 3...
REPORT OF MAGISTRATE JUDGE KEVIN F. McDONALD , Magistrate Judge . The petitioner, a state prisoner, seeks habeas corpus relief pursuant to 28 U.S.C. 2254. Pursuant to the provisions of 28 U.S.C. 636(b)(1), 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 district court. I. BACKGROUND The petitioner is currently incarcerated at Perry Correctional Institution in...
REPORT AND RECOMMENDATION MARY GORDON BAKER , Magistrate Judge . Plaintiff, proceeding pro se and in forma pauperis, brought this action pursuant to 42 U.S.C. 1983. (Dkt. No. 1.) This matter is before the Court upon the parties' Motions for Summary Judgment. (Dkt. Nos. 36; 37; 47.) Pursuant to the provisions of Title 28, United States Code, Section 636(b)(1) and Local Rule 73.02(B)(2)(e), D.S.C., all pretrial matters in cases involving pro se litigants are referred to a United...
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...
REPORT AND RECOMMENDATION THOMAS E. ROGERS, III , Magistrate Judge . I. INTRODUCTION Plaintiff, who is proceeding pro se, brings this action pursuant to Title VII of the Civil Rights Act of 1964 (Title VII), 42 U.S.C. 2000(e) et seq. , alleging that Defendants discriminated against her and subjected her to a hostile working environment and then retaliated against her when she complained. Presently before the court are Defendants Adam Love and Erik Lefebvre's Motion to Dismiss (ECF No....
ORDER JOSEPH F. ANDERSON, JR. , District Judge . The pro se plaintiff, Rodney R. Moore ("Plaintiff"), brought this action pursuant to 42 U.S.C. 1983 against Charleston County Detention Center Officer C. Moss ("Defendant") alleging violations of his civil and constitutional rights. On August 15, 2019 Defendant filed a motion to dismiss. (ECF No. 20). In accordance with 28 U.S.C. 636(b) and Local Civil Rule 73.02(B)(2)(d) (D.S.C.), the matter was referred to the Magistrate Judge for...
REPORT OF MAGISTRATE JUDGE KEVIN F. McDONALD , Magistrate Judge . This matter is before the court on the defendant's motion to dismiss (doc. 20). The plaintiff, a former pretrial detainee who is proceeding pro se, brings this action pursuant to 42 U.S.C. 1983. Pursuant to the provisions of Title 28, United States Code, Section 636(b)(1)(B), and Local Civil Rule 73.02(B)(2)(d) (D.S.C.), this magistrate judge is authorized to review all pretrial matters in cases filed under Section 1983...
ORDER BRUCE HOWE HENDRICKS , 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) and Local Rule 73.02 for the District of South Carolina. On November 8, 2019, the Magistrate Judge issued a Report and Recommendation ("Report") that Defendants' motion for summary judgment be granted. (ECF No. 45.) The Magistrate Judge makes only a recommendation to...
ORDER SHIVA V. HODGES , Magistrate Judge . This action was filed in this court on March 1, 2019. [ECF No. 1]. Pursuant to the Scheduling Order, dispositive motions, if any, were to be filed by no later than December 27, 2019. [ECF No. 13]. This deadline has now expired. Because the discovery and dispositive motions deadlines in this case have passed and no dispositive motions were filed, this case is ready for trial. The Clerk is hereby directed to forward the file to the United States...
ORDER DAVID C. NORTON , District Judge . This matter is before the court on petitioner Carl Anthony Eubanks's ("Eubanks") motion to vacate, set aside, or correct his federal sentence pursuant to 28 U.S.C. 2255, ECF No. 98, and supplemental 2255 motion, ECF No. 107. The government filed a motion to dismiss or, in the alternative, for summary judgment, ECF No. 113. For the reasons set forth below, the court denies Eubanks's motions and grants the government's motion. I. BACKGROUND On...
ORDER AND OPINION Richard Mark Gergel , United States District Court Judge . This matter is before the Court on Appellant Johnson D. Koola's appeal from the Final Orders of the United States Bankruptcy Court for the District of South Carolina (Dkt. Nos. 1, 3) denying confirmation of Appellant's plans, denying Appellant a new trial, and dismissing Appellant's case. For the reasons set forth below, the Court affirms the orders of the bankruptcy court and dismisses the appeal. I....
ORDER SHIVA V. HODGES , Magistrate Judge . Ronald Brockenbaugh ("Plaintiff"), proceeding pro se and in forma pauperis, brought this civil rights action alleging a violation of his constitutional rights and rights under the Federal Tort Claims Act, 28 U.S.C. 1346 et seq. This matter is before the court on Plaintiff's motion for appointment of counsel. [ECF No. 27]. There is no right to appointed counsel in civil rights cases. Cf. Hardwick v. Ault, 517 F.2d 295 , 298 (5th Cir. 1975)....
