Reeves v. Bodiford et al

Filing 12

ORDER RULING ON REPORT AND RECOMMENDATION: After reviewing the record of this matter, the applicable law, and the Report and Recommendation of the Magistrate Judge, the court agrees with the conclusions of the Magistrate Judge. Accordingly, the court adopts and incorporates the Report and Recommendation by reference in this Order and this petition is dismissed without prejudice. Signed by Honorable Cameron McGowan Currie on 03/11/2025. (apsn)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
ROCK HILL DIVISION
Phillip C. Reeves,

vs.

Civil Action No. 0:24-7650-CMC
Petitioner,

ORDER

Scotty Bodiford; Judge James E. Hudson,
Respondents.
This matter is before the court on Petitioner’s pro se petition for writ of habeas corpus filed
in this court pursuant to 28 U.S.C. § 2241. ECF No. 1. In accordance with 28 U.S.C. § 636(b) and
Local Civil Rule 73.02 (B)(2)(c), DSC, this matter was referred to United States Magistrate Judge
Paige J. Gossett for pre-trial proceedings and a Report and Recommendation (“Report”). On
February 7, 2025, the Magistrate Judge issued a Report recommending that the Petition be
dismissed without prejudice and without requiring Respondents to file a return, as it fails to state
facts sufficient to meet the test in Younger v. Harris, 401 U.S. 37 (1971). ECF No. 7. The
Magistrate Judge advised Petitioner of the procedures and requirements for filing objections to the
Report and the serious consequences if he failed to do so. The court has received no objections
and the time for filing them has expired.
The Magistrate Judge makes only a recommendation to this court. The recommendation
has no presumptive weight, and the responsibility to make a final determination remains with the
court. See Mathews v. Weber, 423 U.S. 261 (1976). The court is charged with making a de novo
determination of any portion of the Report of the Magistrate Judge to which a specific objection
is made. The court may accept, reject, or modify, in whole or in part, the recommendation made
by the Magistrate Judge or recommit the matter to the Magistrate Judge with instructions. See 28

U.S.C. § 636(b). The court reviews the Report only for clear error in the absence of an objection.
See Diamond v. Colonial Life & Accident Ins. Co., 416 F.3d 310, 315 (4th Cir. 2005) (stating that
“in the absence of a timely filed objection, a district court need not conduct a de novo review, but
instead must only satisfy itself that there is no clear error on the face of the record in order to accept
the recommendation.”) (citation omitted).
After reviewing the record of this matter, the applicable law, and the Report and
Recommendation of the Magistrate Judge, the court agrees with the conclusions of the Magistrate
Judge. Accordingly, the court adopts and incorporates the Report and Recommendation by
reference in this Order and this petition is dismissed without prejudice.
IT IS SO ORDERED.
s/Cameron McGowan Currie
CAMERON MCGOWAN CURRIE
Senior United States District Judge

Columbia, South Carolina
March 11, 2025

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