Nelson v. Lexington County Det. Ctr., C.A. No. 8:10-cv-02988-JMC

• Decision Date: 26 May 2011
• Docket Number: C.A. No. 8:10-cv-02988-JMC
• Parties: Antwan Lamar Nelson, Plaintiff, v. Lexington County Detention Center; Food Service Supervisors, Defendants.
• Court: U.S. District Court — District of South Carolina

Antwan Lamar Nelson, Plaintiff,
v.
Lexington County Detention Center;

Food Service Supervisors, Defendants.

C.A. No. 8:10-cv-02988-JMC

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA ANDERSON/GREENWOOD DIVISION

Filed: May 26, 2011

OPINION & ORDER

This matter is now before the court upon the Magistrate Judge's Report and Recommendation [Doc. 10], filed on November 29, 2010, recommending that Plaintiff's complaint be dismissed for failure to state a claim upon which relief may be granted under 42 U.S.C. § 1983. The Report and Recommendation sets forth in detail the relevant facts and legal standards on this matter, and the court incorporates the Magistrate Judge's recommendation without a recitation.

STANDARD OF REVIEW

The Magistrate Judge's Report and Recommendation is made in accordance with 28 U.S.C. § 636(b)(1) and Local Civil Rule 73.02 for the District of South Carolina. The Magistrate Judge makes only a recommendation to this court. The recommendation has no presumptive weight. The responsibility to make a final determination 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 and Recommendation to which specific objections are made, and the court may accept, reject, or modify, in whole or in part, the Magistrate Judge's recommendation or recommit the matter with instructions. See 28 U.S.C. § 636(b)(1).

Page 2

DISCUSSION

Plaintiff Antwan Lamar Nelson is a pro se inmate awaiting trial or sentencing on federal criminal charges and is pursuing this action under 42 U.S.C. § 1983. Specifically, Plaintiff alleges that after eating spaghetti sauce during a meal on or about April 28, 2010, he became ill, and Defendants Lexington County Detention Center ("Detention Center") and Food Service Supervisors ("Food Service Supervisors") violated his civil rights.

Plaintiff timely filed objections to the Magistrate Judge's Report and Recommendation on the pending motions. Objections to the Report and Recommendation must be specific. Failure to file specific objections constitutes a waiver of a party's right to further judicial review, including appellate review, if the recommendation...