Boseman v. Walsh
Boseman v. Walsh
Trial Court Opinion
UNITED STATES DISTRICT COURT DISTRICT OF SOUTH CAROLINA Vincent Jerome Boseman, Case No. 3:22-cv-01482-TLW PLAINTIFF v. Anne Spears Walsh; John Meadors; Tav Order Swarat; Brian Petrano; J. Mark Hayes, III, DEFENDANT Plaintiff Vincent Jerome Boseman, a self-represented state prisoner, filed this
civil rights action pursuant to
42 U.S.C. § 1983on May 9, 2022, against the defendants: two state solicitors, an assistant attorney general, and a state circuit court judge. 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. 7. In the Report, the magistrate judge recommends that the Court summarily
dismiss Plaintiff’s action because the defendants are immune from Plaintiff’s claims for damages and because the Court cannot vacate his conviction in a § 1983 action. Id. at 3. Plaintiff did not file objections to the Report. This matter is now ripe for decision. The Court is charged with conducting a de novo review of any portion of the Report to which a specific objection is registered, and may accept, reject, or modify, in whole or in part, the recommendations contained in that Report.
28 U.S.C. §636. In the absence of objections to the Report, the Court is not required to give any explanation for adopting the recommendation. See Camby v. Davis,
718 F.2d 198, 200(4th Cir. 1983). In such a case, “a district court need not conduct a de novo review,
but instead must ‘only satisfy itself that there is no clear error on the face of the record in order to accept the recommendation.’” Diamond v. Colonial Life & Accident Ins. Co.,
416 F.3d 310, 315(4th Cir. 2005) (quoting Fed. R. Civ. P. 72 advisory committee’s note). The Court has carefully reviewed the Report. For the reasons stated by the magistrate judge, the Report, ECF No. 7, is ACCEPTED. Accordingly, for the
reasons set forth in the Report, Plaintiff’s complaint is DISMISSED WITHOUT PREJUDICE. IT IS SO ORDERED. s/ Terry L. Wooten Terry L. Wooten Senior United States District Judge November 7, 2022 Columbia, South Carolina
Reference
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