Williams v. Stirling

Filing 35

ORDER RULING ON REPORT AND RECOMMENDATION: The Court overrules Petitioner's objections, adopts the Report and Recommendation 26 , and incorporates it herein. Therefore, it is the judgment of this Court that Respondent's motion for summary judgment 16 is GRANTED, and the petition is DENIED. Petitioner's motion for a certificate of appealability 33 is also DENIED. IT IS SO ORDERED. Signed by Honorable Mary Geiger Lewis on 4/18/2016. (mcot, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
ORANGEBURG DIVISION
JIMMY LEE WILLIAMS,
Petitioner,
vs.
WARDEN, Lieber Correctional Institution,
Respondent.

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§ CIVIL ACTION NO. 5:15-02106-MGL-KDW
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ORDER ADOPTING THE REPORT AND RECOMMENDATION,
GRANTING RESPONDENT’S MOTION FOR SUMMARY JUDGMENT,
DENYING PETITIONER’S PETITION,
AND DENYING PETITIONER’S MOTION FOR A CERTIFICATE OF APPEALABILITY
This case was filed as a 28 U.S.C. § 2254 action. 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 Respondent’s motion for summary judgment be granted, and
Petitioner’s petition be denied. 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 March 10, 2016, and the Clerk of Court entered
Petitioner’s objections on April 8, 2016. The Court has reviewed the objections, but finds them to
be without merit. Therefore, it will enter judgment accordingly.
Petitioner generally makes the same arguments in his objections that he made to the
Magistrate Judge. Because the Court agrees with the Magistrate Judge’s treatment of Petitioner’s
contentions, it need not repeat the discussion and analysis here. Suffice it to say that Petitioner’s
objections will be overruled.
After a thorough review of the Report and the record in this case pursuant to the standard set
forth above, the Court overrules Petitioner’s objections, adopts the Report, and incorporates it
herein. Therefore, it is the judgment of this Court that Respondent’s motion for summary judgment
is GRANTED, and the petition is DENIED. Petitioner’s motion for a certificate of appealability
is also DENIED.
IT IS SO ORDERED.
Signed this 18th day of April, 2016, in Columbia, South Carolina.

s/ Mary Geiger Lewis
MARY GEIGER LEWIS
UNITED STATES DISTRICT JUDGE

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NOTICE OF RIGHT TO APPEAL
Petitioner is hereby notified of the right to appeal this Order within thirty days from the date
hereof, pursuant to Rules 3 and 4 of the Federal Rules of Appellate Procedure.

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