Wise v. McMaster

Filing 62

ORDER ADOPTING REPORT AND RECOMMENDATIONS 60 , granting respondent's supplemental motion for summary judgment 39 and dismissing habeas petition 1 . Signed by Honorable R Bryan Harwell on 2/13/09. (ncha, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA GREENVILLE DIVISION Cedric Wise, #312547, Petitioner, vs. A.J. Padula, Warden of Lee Correctional Institution, Respondent ) ) ) ) ) ) ) ) ) ) ) )

C.A. No.: 6:07-02743-RBH

ORDER

This matter is before the court for review of the Report and Recommendation of United States Magistrate Judge William M. Catoe, made in accordance with 28 U.S.C. § 636(b)(1)(B) and Local 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 this court. See Mathews v. Weber, 423 U.S. 261, 270-71 (1976). The court is charged with making a de novo determination of those portions of the Report and Recommendation 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. See 28 U.S.C. § 636(b)(1). No objections were filed to the Report and Recommendation. In the absence of objections to the Report and Recommendation of the Magistrate Judge, this court is not required to give any

1

explanation for adopting the recommendation. See Camby v. Davis, 718 F.2d 198, 199 (4th Cir. 1983). After a thorough review of the Report and Recommendation and the record in this case, the court adopts Magistrate Judge Catoe's Report and Recommendation and incorporates it herein. It is therefore ORDERED that the respondent's supplemental motion for summary judgment [doc. 39] is hereby GRANTED and the habeas petition is dismissed. IT IS SO ORDERED.

s/ R. Bryan Harwell R. BRYAN HARWELL United States District Judge Florence, South Carolina February 13, 2009

2