Ramsey v. McCall et al

Filing 38

ORDER RULING ON REPORT AND RECOMMENDATION. 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 j udgment 19 is GRANTED and Petitioner's motion to stay/for DNA testing 30 is DENIED. To the extent that Petitioner requests a certificate of appealability from this Court, that certificate is DENIED. Signed by Honorable Henry F Floyd on 9/27/2011. (mcot, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
DIVISION
CHRISTOPHER RAMSEY,
Petitioner,
vs.
MICHAEL MCCALL,
Respondent.

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CIVIL ACTION NO. 1:10-1538-HFF-SVH

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 [Entry #19] be
granted and Petitioner’s motion to stay/for DNA testing [Entry #30] be denied. 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 August 17, 2011, and the Clerk of Court entered
Petitioner’s objections to the Report on September 7, 2011. The Court has reviewed the objections,
but finds them to be without merit. Therefore, it will enter judgment accordingly.
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 [Entry
#19] is GRANTED and Petitioner’s motion to stay/for DNA testing [Entry #30] is DENIED.
To the extent that Petitioner requests a certificate of appealability from this Court, that
certificate is DENIED.
IT IS SO ORDERED.
Signed this 27th day of September, 2011, in Spartanburg, South Carolina.

s/ Henry F. Floyd
HENRY F. FLOYD
UNITED STATES DISTRICT JUDGE

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NOTICE OF RIGHT TO APPEAL
The parties are hereby notified of the right to appeal this Order within thirty days from the
date hereof, pursuant to Rules 3 and 4 of the Federal Rules of Appellate Procedure.

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