Breyan

UNITED STATES DISTRICT COURT

DISTRICT OF SOUTH CAROLINA

CHARLESTON DIVISION

Michael Breyan, ) Case No. 2:24-cv-05273-BHH-MGB ) Plaintiff, ) ) v. ) ) REPORT AND RECOMMENDATION Clerk of Court, ) United States District Court for the ) South District of California, ) ) Defendant. ) ___________________________________ )

Michael Breyan (“Plaintiff”) was involuntarily committed to the Columbia Regional Care Center in Columbia, South Carolina after being found incompetent to stand trial for the reasons set forth in S.C. Code Ann. § 44-23-410 before the McCormick County Court of General Sessions.1 (See Indictment Nos. 2022-GS-35-00072–75.) Plaintiff, proceeding pro se, now brings this civil action pursuant to 42 U.S.C. § 1983 against the Clerk of Court for the United States District Court for the Southern District of California (“Defendant”), alleging that he or she violated his Fourth Amendment rights by failing to return certain property. (Dkt. No. 1.) Under Local Civil Rule 73.02(B)(2) (D.S.C.), the assigned United States Magistrate Judge is authorized to review this case and submit findings and…