Adams v. Owens et al

Filing 15

ORDER ADOPTING THE REPORT AND RECOMMENDATION, dismissing the petition without prejudice and without requiring respondents to file a return, for 13 Report and Recommendations. Signed by Honorable Cameron McGowan Currie on June 21, 2011. (kbos)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
COLUMBIA DIVISION
Jasen Riley Adams,

#13995-021,

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Petitioner,
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v.
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Acting Warden Owens; Associate Warden )
Acosta,
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Respondents.
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___________________________________ )

C/A NO. 3:11-524-CMC-JRM

OPINION and ORDER

This matter is before the court on Petitioner’s pro se application for writ of habeas corpus,
filed in this court pursuant to 28 U.S.C. § 2241.
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 Joseph R. McCrorey for pre-trial proceedings
and a Report and Recommendation (“Report”). On May 31, 2011, the Magistrate Judge issued a
Report recommending that this matter be dismissed without prejudice and without requiring a
response from Respondent. 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.
Petitioner has filed no objections and the time for doing so 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).
After reviewing the record, the applicable law, and the Report and Recommendation of the
Magistrate Judge, the court agrees with the conclusion of the Magistrate Judge that this matter
should be dismissed without prejudice. Accordingly, the court adopts and incorporates by reference
the Report.
The petition is dismissed without prejudice and without requiring Respondents to file a
return.
IT IS SO ORDERED.
s/ Cameron McGowan Currie
CAMERON MCGOWAN CURRIE
UNITED STATES DISTRICT JUDGE

Columbia, South Carolina
June 21, 2011

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