Automated Summary
Key Facts
Plaintiff Clarence B. Jenkins, Jr. filed a complaint against multiple South Carolina state agencies including the Office of the Governor, Department of Employment and Workforce, and others. The Magistrate Judge recommended dismissal of all claims, noting the Title VII claim was duplicative, the ADA claim failed to allege disability or discrimination, and other claims failed to allege facts suggesting positions were applied for and denied. Plaintiff filed objections and a motion to establish judicial misconduct. After conducting de novo review, the Court accepted the Magistrate Judge's recommendation. The action was dismissed without prejudice and without issuance and service of process. Plaintiff's motion to establish judicial misconduct was denied.
Issues
- The court reviewed Plaintiff's motion to establish judicial misconduct against the Magistrate Judge and determined it should be denied.
- The court addressed whether Plaintiff's Title VII claim against the South Carolina Department of Employment and Workforce should be dismissed as duplicative and frivolous, whether his ADA claim fails to state a claim for relief due to no disability allegation, and whether his claims against remaining defendants fail for lack of plausible application and denial allegations.
Holdings
The Court accepts the Magistrate Judge's Report and Recommendation and dismisses the action without prejudice and without issuance and service of process. Plaintiff's motion to establish judicial misconduct is denied.
Remedies
The court dismissed the plaintiff's action without prejudice and without issuance and service of process. The court also denied the plaintiff's motion to establish judicial misconduct.
Legal Principles
The district court must make a de novo determination of any portion of the Magistrate Judge's Report to which a specific objection is made. The Court may accept, reject, or modify the recommendation in whole or in part, or recommit the matter. In the absence of an objection, the Court will review the Report only for clear error.
Precedent Name
- Mathews v. Weber
- Diamond v. Colonial Life & Accident Ins.
Cited Statute
28 U.S.C. § 636(b)
Judge Name
- Jacquelyn D. Austin
- Paige J. Gossett
Passage Text
- Upon such review, the Court accepts the Report and Recommendation of the Magistrate Judge and incorporates it by reference. Accordingly, this action is DISMISSED without prejudice and without issuance and service of process. Plaintiff's motion to establish judicial misconduct [Doc. 14] is DENIED.
- The Report explains that Plaintiff's Title VII claim against the South Carolina Department of Employment and Workforce is duplicative and should be dismissed as frivolous; that his Americans with Disabilities Act claim fails to state claim for relief because '[n]owhere in the Complaint does Plaintiff allege that he has a disability or was discriminated against on that basis'; and his claims against all remaining defendants fail because the 'Complaint fails to allege facts plausibly suggesting that he applied for and was denied positions with the remaining defendants.'