Brito-Ramirez v. Kelly et al

Filing 14

ORDER adopting the 8 Report and Recommendation and denying Petitioner's 3 motion for a temporary restraining order as moot. Signed by Honorable Timothy M. Cain on 3/17/2017. (bgoo)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
ROCK HILL DIVISION
Joel Brito-Ramirez,
Petitioner,
v.
John Kelly, Secretary, Department of
Homeland Security, Sean Gallagher,
Atlanta Field Office Director, U.S.
Immigration and Customs Enforcement,
J. Al Cannon, Jr., Sheriff, Charleston
County Detention Center,
Respondents.

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Civil Action No. 0:17-463-TMC-PJG

ORDER

Petitioner Joel Brito-Ramirez, an alien detainee represented by counsel, is seeking habeas
corpus relief pursuant to 28 U.S.C. § 2241.1 Before the court is the magistrate judge’s Report and
Recommendation (“Report”), recommending that Petitioner’s motion for a temporary restraining
order (ECF No. 3) be denied as moot. (ECF No. 8). Petitioner was advised of his right to file
objections to the Report. (ECF No. 8 at 2). However, Petitioner has not filed objections, and the
time to do so has now run.
The Report has no presumptive weight and the responsibility to make a final determination
remains with this court. See Mathews v. Weber, 423 U.S. 261, 270-71 (1976). In the absence of
objections to the Report, this court is not required to provide an explanation for adopting the
recommendation. See Camby v. Davis, 718 F.2d 198, 199 (4th Cir. 1983). Rather, “in the absence
of a timely filed objection, a district court need not conduct a de novo review, but instead must only
In accordance with 28 U.S.C. § 636(b)(1)(B) and Local Civil Rule 73.02, DSC, this matter was
initially referred to a magistrate judge.

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satisfy itself that there is no clear error on the face of the record in order to accept the
recommendation.” Diamond v. Colonial Life & Acc. Ins. Co., 416 F.3d 310, 315 (4th Cir. 2005)
(quoting Fed. R. Civ. P. 72 advisory committee’s note).
After a thorough review, the court finds no clear error and, therefore, adopts the Report (ECF
No. 8) and incorporates it herein by reference. Therefore, Petitioner’s motion for a temporary
restraining order (ECF No. 3) is DENIED as moot.
IT IS SO ORDERED.
s/Timothy M. Cain
United States District Judge
March 17, 2017
Anderson, South Carolina