Robinson v. South Carolina, State of
Filing
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ORDER RULING ON REPORT AND RECOMMENDATION. The court agrees with the Report 23 and accordingly, adopts it by reference in this Opinion and Order. Respondent's motion for summary judgment 14 is granted and this petition is dismissed with prejudice. Signed by Honorable Cameron McGowan Currie on 7/23/2012. (mcot, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
ORANGEBURG DIVISION
Billy Andre Robinson, #300351,
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Petitioner,
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v.
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Warden, Kirkland Correctional Institution, )
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Respondent.
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___________________________________ )
C/A NO. 5:11-1478-CMC-KDW
OPINION and ORDER
This matter is before the court on Petitioner’s application for writ of habeas corpus, filed in
this court through counsel pursuant to 28 U.S.C. § 2254.
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 Kaymani D. West for pre-trial proceedings
and a Report and Recommendation (“Report”). On June 28, 2012, the Magistrate Judge issued a
Report recommending that Respondent’s motion for summary judgment be granted and this matter
dismissed with prejudice.
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). The court reviews the Report only for clear error in the absence of an objection.
See Diamond v. Colonial Life & Accident Ins. Co., 416 F.3d 310, 315 (4th Cir. 2005) (stating that
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“in 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.”) (citation omitted).
After reviewing the record of this matter, the applicable law, and the Report and
Recommendation of the Magistrate Judge, the court agrees with the Report and accordingly, adopts
it by reference in this Opinion and Order.
Respondent’s motion for summary judgment is granted and this petition is dismissed with
prejudice.
CERTIFICATE OF APPEALABILITY
The governing law provides that:
(c)(2) A certificate of appealability may issue . . . only if the applicant has made a
substantial showing of the denial of a constitutional right.
(c)(3) The certificate of appealability . . . shall indicate which specific issue or issues
satisfy the showing required by paragraph (2).
28 U.S.C. § 2253(c). A prisoner satisfies this standard by demonstrating that reasonable jurists
would find this court’s assessment of his constitutional claims is debatable or wrong and that any
dispositive procedural ruling by the district court is likewise debatable. See Miller-El v. Cockrell,
537 U.S. 322, 336 (2003); Slack v. McDaniel, 529 U.S. 473, 484 (2000); Rose v. Lee, 252 F.3d 676,
683 (4th Cir. 2001). In this case, the legal standard for the issuance of a certificate of appealability
has not been met. Therefore, a certificate of appealability is denied.
IT IS SO ORDERED.
s/ Cameron McGowan Currie
CAMERON MCGOWAN CURRIE
UNITED STATES DISTRICT JUDGE
Columbia, South Carolina
July 23, 2012
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