Buchanan v. Dunlap
ORDER RULING ON REPORT AND RECOMMENDATION: The Court adopts the Report 19 and incorporates it herein. Therefore, it is the judgment of the Court that Petitioners action is DISMISSED WITH PREJUDICE under Rule 41(b) for failure to prosecute.To the extent that Petitioner requests a certificate of appealability from this Court, that certificate is DENIED.IT IS SO ORDERED. Signed by Honorable Mary Geiger Lewis on 10/10/2017. (dsto, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
PERRY B. BUCHANAN,
D. DUNLAP, WARDEN,
CIVIL ACTION NO. 4:17-01490-MGL
ORDER ADOPTING THE REPORT AND RECOMMENDATION,
AND DISMISSING THE ACTION
This case was filed as a petition for writ of habeas corpus under 28 U.S.C. § 2254.
Petitioner is proceeding pro se. The matter is before the Court for review of the Report and
Recommendation (Report) of the United States Magistrate Judge suggesting that the petition for
writ of habeas corpus be dismissed with prejudice for failure to prosecute under Federal Civil
Procedure Rule 41(b). The Report was made in accordance with 28 U.S.C. § 636 and Local
Civil Rule 73.02 for the District of South Carolina.
The Magistrate Judge makes only a recommendation to this Court. The recommendation
has no presumptive weight. The responsibility to make a final determination remains with the
Court. Mathews v. Weber, 423 U.S. 261, 270 (1976). The Court is charged with making a de
novo determination of those portions of the Report 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 with instructions. 28 U.S.C. § 636(b)(1).
The Magistrate Judge filed the Report on September 18, 2017, ECF No. 19, but Petitioner
failed to file any objections to the Report. “[I]n the absence of a timely filed objection, a district
court need not conduct a de novo review, but instead must ‘only satisfy itself that there is no
clear error on the face of the record in order to accept the recommendation.’” Diamond v.
Colonial Life & Acc. Ins. Co., 416 F.3d 310, 315 (4th Cir. 2005) (quoting Fed. R. Civ. P. 72
advisory committee's note). Moreover, a failure to object waives appellate review. Wright v.
Collins, 766 F.2d 841, 845-46 (4th Cir. 1985).
After a thorough review of the Report and the record in this case pursuant to the standard
set forth above, the Court adopts the Report and incorporates it herein. Therefore, it is the
judgment of the Court that Petitioner’s action is DISMISSED WITH PREJUDICE under Rule
41(b) for failure to prosecute.
To the extent that Petitioner requests a certificate of appealability from this Court, that
certificate is DENIED.
IT IS SO ORDERED.
Signed this 10th day of October, 2017, in Columbia, South Carolina.
s/ Mary Geiger Lewis
MARY GEIGER LEWIS
UNITED STATES DISTRICT JUDGE
NOTICE OF RIGHT TO APPEAL
The parties are hereby notified of the right to appeal this Order within 30 days from the
date hereof, pursuant to Rules 3 and 4 of the Federal Rules of Appellate Procedure.
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