Trappier v. Warden

Filing 22

ORDER RULING ON REPORT AND RECOMMENDATION: It is hereby ORDERED that the Magistrate Judge's Report and Recommendation, (Doc. # 18 ), is ACCEPTED. The Petition, (Doc. # 1 ), is DISMISSED without prejudice. The Court concludes that it is not appropriate to issue a Certificate of Appealability. Signed by Chief Judge Terry L Wooten on 8/19/2014. (mcot, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA ORANGEBURG DIVISION Anthony Gene Trappier also known as Anthony G. Trappier, ) ) ) Petitioner, ) ) vs. ) ) Warden, FCI Williamsburg, ) ) Respondent. ) ____________________________________) C/A No.: 5:14-cv-01885-TLW ORDER Petitioner Anthony Gene Trappier, proceeding pro se and in forma pauperis, filed this habeas petition pursuant to 28 U.S.C. § 2254. (Doc. #1). The matter now comes before this Court for review of the Report and Recommendation (“the Report”) filed by Magistrate Judge Kaymani D. West, to whom this case was previously assigned. (Doc. #18). In the Report, the Magistrate Judge recommends that Petition be dismissed without prejudice. Objections were due by July 31, 2014. Plaintiff has filed no objections to the Report. 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 of objections to the Report and Recommendation 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). 1 This Court has carefully reviewed the Magistrate Judge’s Report and Recommendation. For the reasons articulated by the Magistrate Judge, it is hereby ORDERED that the Magistrate Judge’s Report and Recommendation, (Doc. #18), is ACCEPTED. The Petition, (Doc. # 1), is DISMISSED without prejudice. Additionally, the Court has reviewed this 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. 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 Chief United States District Judge August 19, 2014 Columbia, South Carolina 2

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