Cooley v. Reynolds

Filing 51

ORDER RULING ON 38 REPORT AND RECOMMENDATION. It is hereby ordered that this action is dismissed with prejudice for lack of prosecution, and a certificate of appealability is denied. Signed by Honorable Patrick Michael Duffy on 03/09/2016. (egra, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
CHARLESTON DIVISION

Wayne L. Cooley, #168807,
Petitioner,
vs.
Warden Cecilia Reynolds,
Respondent.

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ORDER
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On January 6, 2016, Magistrate Judge Bruce Kaymani D. West issued a Report and
Recommendation recommending that this action be dismissed with prejudice for failure to prosecute
pursuant to FRCP 41(b). On January 27, 2016, petitioner filed a motion for extension of time to file
a response to the Report and Recommendation, and on that same day this court issued an order
allowing petitioner until February 26, 2016 to file his objections to the Report and Recommendation.
Petitioner has failed to file objections to the Report and Recommendation as allowed by the court.
Now therefore,
IT IS HEREBY ORDERED that the within action is dismissed with prejudice for lack of
prosecution, and a certificate of appealability is DENIED.
AND IT IS SO ORDERED.

March 9, 2016
Charleston, South Carolina