Bey v. Drew et al

Filing 24

ORDER RULING ON REPORT AND RECOMMENDATIONS. This court finds the Magistrate Judges recommendation 22 fairly and accurately summarizes the facts. Accordingly, the Clerk is authorized to transfer this action to the United States District Court for the Middle District of Georgia. Signed by Honorable Joseph F Anderson, Jr on 05/29/2012. (dsto, )

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA

Richard E. Trice Bey, #83710-020,

)
)
Petitioner,
)
v.
)
)
Ms. D. Drew, Warden, FCI Bennettsville, SC, )
)
Respondent.
)
______________________________________ )

C/A No. 4:12-1063-JFA-TER

ORDER

The pro se petitioner, Richard E. Trice Bey, is an inmate at the Federal Correctional
Institution in Bennettsville, South Carolina. He brought this action under 28 U.S.C. § 2241
and now moves to transfer the case to the sentencing court (the United States District Court
for the Middle District of Georgia).
The Magistrate Judge assigned to this action1 has prepared a Report and
Recommendation and opines that, in accordance with petitioner’s request, this matter should
be transferred to the United States District Court for the Middle District of Georgia, to
determine whether petitioner’s claims are cognizable under § 2241 or § 2255. The Report
sets forth in detail the relevant facts and standards of law on this matter, and the court
incorporates such without a recitation.
1

The Magistrate Judge’s review is made in accordance with 28 U.S.C. § 636(b)(1)(B) and Local Civil
Rule 73.02. 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. Mathews
v. Weber, 423 U.S. 261 (1976). The court is charged with making a de novo determination of those portions
of the Report and Recommendation 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 to the
Magistrate Judge with instructions. See 28 U.S.C. § 636(b)(1).

1

Neither party has objected to the Report and Recommendation. In the absence of
specific 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).
After carefully reviewing the applicable laws, the record in this case, and the Report
and Recommendation, this court finds the Magistrate Judge’s recommendation fairly and
accurately summarizes the facts and applies the correct principles of law and it is
incorporated herein by reference.
Accordingly, the Clerk is authorized to transfer this action to the United States District
Court for the Middle District of Georgia.
IT IS SO ORDERED.

May 29, 2012
Columbia, South Carolina

Joseph F. Anderson, Jr.
United States District Judge

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