Crawford v. Eagleton

Filing 32

ORDER ADOPTING THE REPORT AND RECOMMENDATION, granting respondent's motion for summary judgment and denying a certificate of appealability, for 29 Report and Recommendation, Signed by Chief Judge Terry L Wooten on February 28, 2013. (kbos)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
COLUMBIA DIVISION
Dexter Lamont Crawford,

#231730,

)
)
Petitioner,
)
v.
)
)
Willie Eagleton, Warden,
)
)
Respondent.
)
___________________________________ )

Civil Action No.: 3:12-cv-661-TLW

ORDER
Petitioner, Dexter Lamont Crawford (“petitioner”), filed this pro se petition for a writ of
habeas corpus seeking relief pursuant to 28 U.S.C. § 2254 on March 1, 2012. (Doc. #1).
Respondent filed a return and motion for summary judgment on August 1, 2012. (Doc. #18; 19).
Petitioner filed a response opposing Respondent’s motion on October 12, 2012. (Doc. #27).
This matter now comes before this Court for review of the Report and Recommendations
(“the Report”) issued on January 24, 2013 by United States Magistrate Judge Joseph R.
McCrorey, to whom this case had previously been assigned. (Doc. #29). In the Report, the
Magistrate Judge recommends that the District Court grant Respondent’s motion for summary
judgment and dismiss the § 2254 petition without an evidentiary hearing. (Doc. #29). The
petitioner did not file objections to the Magistrate Judge’s Report.

The deadline to file

objections lapsed on February 11, 2013.
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. In the absence

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of objections to the Report of 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).
This Court has carefully reviewed the Magistrate Judge=s Report and Recommendation
and the record in this case. The petitioner did not file objections to the Report. Accordingly, for
the reasons articulated by the Magistrate Judge, it is hereby ORDERED that the Magistrate
Judge=s Report and Recommendation is ACCEPTED. (Doc. #29). The Respondent’s motion
for summary judgment (Doc. #18) is hereby GRANTED. The above-captioned matter is hereby
dismissed with prejudice and without an evidentiary hearing.
The Court has reviewed the petition in accordance with Rule 11 of the Rules Governing
Section 2254 Proceedings. The Court concludes that it is not appropriate to issue a Certificate of
Appealability as to the issues raised herein. Petitioner is advised that he may seek a Certificate
from the Fourth Circuit Court of Appeals under Rule 22 of the Federal Rules of Appellate
Procedure.
IT IS SO ORDERED.
s/ Terry L. Wooten
Terry L. Wooten
Chief United States District Judge
February 28, 2013
Columbia, South Carolina

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