Dempsey v. Cartledge

Filing 24

ORDER adopting 21 Report and Recommendation and granting 14 Motion for Summary Judgment. Signed by Honorable Henry F Floyd on March 10, 2009.(jbro)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA DOUGLAS DEMPSEY, III, Petitioner, vs. ACTING WARDEN LEROY CARTLEDGE, Respondent. CIVIL ACTION NO. 0:08-01054-HFF-PJG ORDER This case was filed as a 28 U.S.C. 2254 action. Petitioner is proceeding pro se. The matter is before the Court for review of the Report and Recommendation (Report) of the United States Magistrate Judge suggesting that Respondent's motion for summary judgment (Docket Entry 14) be granted. The Report was made in accordance with 28 U.S.C. 636 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 the Court. Mathews v. Weber, 423 U.S. 261, 270 (1976). The Court is charged with making a de novo determination of those portions of the Report to which specific objection is made, and the Court may accept, reject, or modify, in whole or in part, the recommendation of the Magistrate Judge or recommit the matter with instructions. 28 U.S.C. 636(b)(1). The Magistrate Judge filed the Report on February 26, 2009, and the Clerk of Court entered Petitioner's objections to the Report on March 6, 2009. The Court has carefully considered the objections, but finds them to be without merit. accordingly. Therefore, the Court will enter judgment After a thorough review of the Report and the record in this case pursuant to the standard set forth above, the Court overrules Petitioner's objections, adopts the Report and incorporates it herein. Therefore, it is the judgment of this Court that Respondent's motion for summary judgment (Docket Entry 14) be granted. IT IS SO ORDERED. Signed this 10th day of March, 2009, in Spartanburg, South Carolina. s/ Henry F. Floyd HENRY F. FLOYD UNITED STATES DISTRICT JUDGE ***** NOTICE OF RIGHT TO APPEAL The parties are hereby notified of the right to appeal this Order within thirty (30) days from the date hereof, pursuant to Rules 3 and 4 of the Federal Rules of Appellate Procedure. 2

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