TIMOTHY M. CAIN, District Judge.
Plaintiff Robert Earl Williamson ("Williamson"), an inmate proceeding pro se, filed these actions pursuant to 42 U.S.C. § 1983.
The recommendations set forth in the Report have no presumptive weight and the responsibility to make a final determination in this matter remains with this court. See Mathews v. Weber, 423 U.S. 261, 270-71 (1976). The court is charged with making a de novo determination of those portions of the Report to which specific objection is made, and the court may accept, reject, or modify, in whole or in part, the recommendation of the magistrate judge, or recommit the matter with instructions. 28 U.S.C. § 636(b)(1). However, the court need not conduct a de novo review when a party makes only "general and conclusory objections that do not direct the court to a specific error in the magistrate's proposed findings and recommendations." Orpiano v. Johnson, 687 F.2d 44, 47 (4th Cir. 1982). In the absence of a timely filed, specific objection, the magistrate judge's conclusions are reviewed only for clear error. See Diamond v. Colonial Life & Accident Ins. Co., 416 F.3d 310, 315 (4th Cir. 2005).
The magistrate judge summarizes the facts of this case in his Report. Briefly, Plaintiff alleges that he served a term of imprisonment from 2009 until February 1, 2012, for grand larceny. (ECF No. 1 at 3). In early December 2014, he was arrested for shoplifting and released later on a personal recognizance bond. (ECF No. 40 at 2).
In his original and amended complaints, Plaintiff alleged false imprisonment, gross negligence, and violation of his due process rights. (ECF Nos. 1 and 40, respectively). Upon review, the court finds that many of Plaintiff's objections merely restate his claims or are nonspecific and unrelated to the dispositive portions of the Report. However, the court was able to glean three specific objections.
First, Plaintiff asserts that the court lacks jurisdiction over his claims. (ECF No. 67 at 1-2). District courts have original jurisdiction over civil actions involving a federal question or diversity of citizenship. 28 U.S.C. §§ 1331, 1332. In this case, jurisdiction depends on whether a federal question was involved. See id. at § 1441(a) (authorizing removal to district court of state court civil action "of which the district courts of the United States have original jurisdiction"); id. at § 1331 (providing for original jurisdiction in the district courts of "all civil actions arising under the Constitution, laws, or treaties of the United States"). According to the Supreme Court, "a case arises under federal law when federal law creates the cause of action asserted." Gunn v. Minton, 133 S.Ct. 1059, 1064 (2013). In this case, Plaintiff filed a claim alleging violation of his due process rights pursuant to 42 U.S.C. § 1983, thus, subject matter jurisdiction is proper.
Second, Plaintiff objects to the dismissal of his due process claim by challenging the magistrate judge's reliance on Mitchell v. Aluisi, 872 F.2d 577 (4th Cir. 1989). The Fourth Circuit found no due process violation in Mitchell when Plaintiff was arrested, detained, and served with a facially valid bench warrant that had been recalled, unbeknownst to the arresting officers. 872 F.2d at 579. Plaintiff claims that the case "is moot in its entirety," "has no legal significance," and is invalidated by the Fourth Amendment. (ECF No. 67 at 14, 17). However, Mitchell has not been overturned or found to violate the Fourth Amendment and is not "moot;" it is good law. See Etheridge v. Norfolk & Western Ry.Co., 9 F.3d 1087 (4th Cir. 1993) ("A decision of a panel of [the Fourth Circuit] court becomes the law of the circuit and is binding on other panels unless it is overruled by a subsequent en banc opinion of [the Fourth Circuit] court or `a superseding contrary decision of the Supreme Court.'") (quoting Busby v. Crown Supply, Inc., 896 F.2d 833, 840-41 (4th Cir.1990)). Further, Plaintiff appears to argue that the arrest occurred, "knowing[] the bench warrant wasn't facially valid. . . ." (ECF No. 67 at 17). However, it has been determined that the warrant was indisputably facially valid because it was not recalled until after his 2014 arrest. (ECF No. 51-4). As the Supreme Court held in Baker v. McCollan, there was no violation of due process when Plaintiff had been detained on a facially valid warrant because of an inadvertent mistake. 443 U.S. 137 (1979).
Finally, Plaintiff references two South Carolina statutes—neither of which he raised in his original or supplemental complaint. (ECF No. 67 at 18-20).
After a thorough review of the entire record, including the Report and Plaintiff's objections in accordance with the standard referenced above, the court overrules Plaintiff's objections, adopts the Report, and incorporates it herein by reference. Defendants' motions for summary judgment in both cases (ECF No. 51; C/A 8:16-177, ECF No. 27) in regard to Plaintiff's federal claims are