Holcomb v. South Carolina, The State of et al

Filing 11

ORDER adopting 8 Report and Recommendation. The Petition is dismissed without prejudice and without issuance and service of process. Signed by Honorable Mary G Lewis on 6/22/2015. (mwal)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
AIKEN DIVISION
DEAN ALTON HOLCOMB,
Petitioner,
vs.

THE STATE OF SOUTH CAROLINA;
ATTORNEY GENERAL ALAN WILSON;
and SOLICITOR W. WALTER WILKINS,
Respondents.

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CIVIL ACTION NO.1:15-1717-MGL

ORDER ADOPTING THE REPORT AND RECOMMENDATION
AND DISMISSING THE PETITION WITHOUT PREJUDICE AND WITHOUT ISSUANCE
AND SERVICE OF PROCESS
This case was filed as a 28 U.S.C. § 1361 action. The matter is before the Court for review
of the Report and Recommendation (Report) of the United States Magistrate Judge suggesting that
the Petition be dismissed without prejudice and without issuance and service of process. 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 April 30, 2015, but Petitioner failed to file any
objections. “[I]n 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.’” 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). Moreover, a failure to
object waives appellate review. Wright v. Collins, 766 F.2d 841, 845-46 (4th Cir. 1985).
After a thorough review of the Report and the record in this case pursuant to the standard set
forth above, the Court adopts the Report and incorporates it herein. Therefore, it is the judgment of
this Court that the Petition is DISMISSED WITHOUT PREJUDICE and without issuance and
service of process.
IT IS SO ORDERED.
Signed this 22nd day of June, 2015, in Columbia, South Carolina.
s/ Mary G. Lewis
MARY G. LEWIS
UNITED STATES DISTRICT JUDGE

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NOTICE OF RIGHT TO APPEAL
Petitioner is 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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