Opinion
CIVIL ACTION NO. 1:08CV113.
July 2, 2008
ORDER ADOPTING REPORT AND RECOMMENDATION
On May 13, 2008, the pro se plaintiff, Guy McGowan ("McGowan"), filed a complaint pursuant to 42 U.S.C. § 1983. The case was referred to United States Magistrate Judge James E. Seibert for review.
On June 11, 2008, Magistrate Judge Seibert issued a Report and Recommendation ("R R") that recommended dismissal of the case with prejudice for failure to state a claim. On June 23, 2008, McGowan filed objections to the R R.
Although titled as a "Memorandum in Support," the Court liberally construes the document as a stating objections to the R R.
This Court reviews objections de novo but may adopt any part of the R R to which McGowan does not object without substantive review. Wells v. Shriners Hosp., 109 F.3d 198, 199-200 (4th Cir. 1997).
McGowan's failure to object to any part of the Report and Recommendation not only waives the appellate rights on that issue, but also relieves the Court of any obligation to conduct ade novo review of the issue. See Thomas v. Arn, 474 U.S. 140, 148-153 (1985); Wells v. Shriners Hosp., 109 F.3d 198, 199-200 (4th Cir. 1997).
Upon de novo review, the Court finds that Magistrate Judge Seibert correctly applied the applicable legal standard when he determined that McGowan fails to state a claim under 42 U.S.C. § 1983 because a § 1983 action may only be brought against a natural person, not a corporation. See Rendall-Baker v. Kohn, 547 U.S. 830, 838 (1982).
Consequently, this Court ADOPTS the R R and DISMISSES this case WITH PREJUDICE. The Clerk is ordered to STRIKE this case from this Court's docket.
The Clerk is directed to mail a copy of this Order to the pro se plaintiff, the defendant and all appropriate agencies.