Campbell v. Fitzimmons et al

Filing 12

ORDER adopting 8 Report and Recommendations of Magistrate Judge Bruce Howe Hendricks, dismissing petition without prejudice and without issuance and service of process upon Respondents. Signed by Honorable Terry L Wooten on 5/31/11.(hhil, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
CHARLESTON DIVISION

Jimmy Campbell, Jr.,

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Petitioner,
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vs.
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Robert Fitzimmons, Attorney;
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Jarrett Douglas, Office;
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Charles Gonzales, Office;
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Carol A. McCurry, Solicitor;
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Barbara McIlwain, Victim;
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Respondents.
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____________________________________)

C.A. No. 2:11-914-TLW-BHH

ORDER

This matter is now before the undersigned for review of the Report and Recommendation
(“the Report”) filed by United States Magistrate Bruce Howe Hendricks, to whom this case had
previously been assigned pursuant to 28 U.S.C. § 636(b) and Local Rule 73.02(B)(2) (D.S.C.). In
her Report, Magistrate Judge Hendricks recommends that the instant Petition for Writ of Habeas
Corpus, filed pursuant to 28 U.S.C. § 2254, be dismissed without prejudice and without issuance and
service of process upon Respondents. The Report was filed on April 25, 2011. No objections to the
Report have been filed.
This Court is charged with conducting a de novo review of any portion of the Magistrate
Judge’s Report to which a specific objection is registered, and may accept, reject, or modify, in
whole or in part, the recommendations contained in that report. 28 U.S.C. § 636. No objections
have been filed to the Report. In the absence of objections to the Report and Recommendation of

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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).
A review of the record indicates that the Report accurately summarizes this case and the
applicable law. For the reasons articulated by the Magistrate Judge, it is hereby ORDERED that
the Magistrate Judge’s Report is ACCEPTED (Doc. # 8), and the instant Petition for Writ of
Habeas Corpus, filed pursuant to 28 U.S.C. § 2254, is DISMISSED without prejudice and without
issuance and service of process upon Respondents.
IT IS SO ORDERED.

s/ Terry L.Wooten
TERRY L. WOOTEN
UNITED STATES DISTRICT JUDGE
May 31, 2011
Florence, South Carolina

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