Davis v. Warden of Lieber Correctional Institutuion

Filing 19

ORDER RULING ON REPORT AND RECOMMENDATIONS,that the § 2241 petition in the above-captioned case is dismissed withoutprejudice and without requiring the Respondents to file a return. 16 ,. Signed by Honorable Henry M Herlong, Jr on 9/11/08. (ahen, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA ROCK HILL DIVISION Carnell Davis, #179330, Petitioner, vs. Warden of Lieber Correctional Institution, Respondent. ) ) ) ) ) ) ) ) ) C.A. No. 9:08-2081-HMH OPINION & ORDER This matter is before the court for review of the Report and Recommendation of United States Magistrate Judge George C. Kosko, 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 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. See 28 U.S.C. 636(b)(1) (2006). The Petitioner filed no objections to the Report and Recommendation. In the absence of objections to the Report and Recommendation of the Magistrate Judge, this court is not required to give any explanation for adopting the recommendation. See Camby v. Davis, 718 F.2d 198, 199 (4th Cir. 1983). 1 After a thorough review of the Report and Recommendation and the record in this case, the court adopts Magistrate Judge Kosko's Report and Recommendation and incorporates it herein. It is therefore ORDERED that the 2241 petition in the above-captioned case is dismissed without prejudice and without requiring the Respondents to file a return. IT IS SO ORDERED. s/Henry M. Herlong, Jr. United States District Judge Greenville, South Carolina September 11, 2008 NOTICE OF RIGHT TO APPEAL The Petitioner is hereby notified that he has 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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