Brown v. State of South Carolina

Filing 42

ORDER RULING ON REPORT AND RECOMMENDATION. The Court hereby adopts the R&R 37 as the order of this Court, grants Respondent's Motion for Summary Judgment 27 , and dismisses the petition. A certificate of appealability is denied. Signed by Honorable Richard M Gergel on 10/10/2014. (dsto, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLI"NA~', Cl
Alvin Keith Brown, Jr,
Petitioner,

v.
Warden of Kirkland Correctional
Institution,
Respondent.

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lOlq OCT lOP 12: 20
Civil Action No. 5:13-2680-RMG

ORDER

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This matter is before the Court on the Report and Recommendation of the Magistrate
Judge recommending that this Court dismiss Petitioner's Petition for Writ of Habeas Corpus.
(Dkt. No. 37). The Court hereby adopts the Report and Recommendation, grants Respondent's
Motion for Summary Judgment (Dkt. No. 27), and dismisses the petition.
Alvin Keith Brown, Jr is a state prisoner who filed a pro se petition for a writ of habeas
corpus pursuant to 28 U.S.C. § 2254. Respondent filed a motion for summary judgment and
return to the petition, arguing that the petition was filed nearly nine months after Petitioner's
statute of limitations had run, and the habeas petition is therefore untimely under 28 U.S.C. §
2244(d). The Magistrate Judge issued a Roseboro order advising Petitioner of the motion for
summary judgment and dismissal procedures, and Petitioner filed a response. (Dkt. No. 35).
The Magistrate judge then issued the R&R, recommending that the Respondent's motion be
granted, on September 18,2014. Upon the issuance of the R&R, Petitioner was advised that any
written objections to the R&R must be made within 14 days of service, and that in the absence of
timely written objections this Court would provide limited "clear error" review and Plaintiff
would waive his right to appeal the judgment of the District Court. (Dkt. No. 37-1). Neither
party has filed an objection to the findings and recommendation of the R&R.

The Court has reviewed the R&R, the full administrative record in this matter and the
relevant legal authorities. The Court finds that the Magistrate Judge ably and promptly
summarized the factual and legal issues and appropriately recommended that the action should
be dismissed. Therefore, the Court hereby adopts the R&R as the order of this Court, grants
Respondent's Motion for Summary Judgment, and dismisses the petition. A certificate of
appealability is denied.
AND IT IS SO ORDERED.

Richard Mark Ger
United States District Court Judge
October ,0 ,2014
Charleston, South Carolina

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