Campos v. Warden Federal Correctional Institution Estill SC
Filing
16
ORDER adopting 10 Report and Recommendation of Magistrate Judge Mary Gordon Baker. It is therefore ORDERED that the habeas petition is DISMISSED without prejudice. The court declines to issue a certificate of appealability. Signed by Honorable Timothy M Cain on 6/8/2015.(ssam, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
CHARLESTON DIVISION
Carl Campos,
Petitioner,
vs.
Warden Federal Correctional Institution,
Estill, SC,
Respondent.
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Civil Action No. 2:15-525-TMC
ORDER
Petitioner Carl Campos is a federal inmate currently incarcerated at the Federal
Correctional Institution in Estill, South Carolina, seeking habeas corpus relief pursuant to 28
U.S.C. § 2241. In accordance with 28 U.S.C. § 636(b)(1) and Local Civil Rule 73.02, D.S.C.,
this matter was referred to a magistrate judge for pretrial handling. Before the court is the
magistrate judge’s Report and Recommendation (“Report”), recommending that the court
dismiss the petition without prejudice. (ECF No. 10). Petitioner was advised of his right to file
objections to the Report (ECF No. 10 at 9), and he has filed timely objections. (ECF No. 13).
The Report has no presumptive weight and the responsibility to make a final
determination in this matter remains with this court. See Mathews v. Weber, 423 U.S. 261, 27071 (1976). The court need not conduct a de novo review when a party makes only “general and
conclusory objections that do not direct the court to a specific error in the magistrate’s proposed
findings and recommendations.” Orpiano v. Johnson, 687 F.2d 44, 47 (4th Cir. 1982). In that
case, the court reviews the Report only for clear error. See Diamond v. Colonial Life & Accident
Ins. Co., 416 F.3d 310, 315 (4th Cir. 2005).
Petitioner’s objections fail to address any specific, dispositive portion of the Report. The
objections are non-specific, unrelated to the dispositive portions of the Report, or merely restate
Petitioner’s claims. The court has thoroughly reviewed the Report and Petitioner’s objections
and finds no reason to deviate from the Report’s recommended disposition.
Accordingly, the court adopts the Report (ECF No.10) and incorporates it herein. It is
therefore ORDERED that the habeas petition is DISMISSED without prejudice.
In addition, a certificate of appealability will not issue to a prisoner seeking habeas relief
absent “a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2). A
prisoner satisfies this standard by demonstrating that reasonable jurists would find both that his
constitutional claims are debatable and that any dispositive procedural rulings by the district
court are also debatable or wrong. See Miller-El v. Cockrell, 537 U.S. 322, 336 (2003); Rose v.
Lee, 252 F.3d 676, 683 (4th Cir. 2001). In this case, the court finds that the petitioner has failed
to make a substantial showing of the denial of a constitutional right. Accordingly, the court
declines to issue a certificate of appealability.
IT IS SO ORDERED.
s/Timothy M. Cain
United States District Judge
June 8, 2015
Anderson, South Carolina
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