Williams v. US Attorney General et al

Filing 32

ORDER ACCEPTING 25 Report and Recommendations; DENYING 12 Motion for TRO filed by Erick D Williams; This Petition for Habeas Corpus isDISMISSED without prejudice. Signed by Honorable Terry L Wooten on 5/31/2012. (mbro, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA GREENVILLE DIVISION Erick D. Williams, ) ) Petitioner, ) ) vs. ) ) Warden John Owens, ) ) Respondent. ) ____________________________________) C.A. No. 6:12-26-TLW-KFM ORDER This matter is now before the undersigned for review of the Report and Recommendation (“the Report”) filed by United States Magistrate Kevin F. McDonald, to whom this case had previously been assigned pursuant to 28 U.S.C. § 636(b) and Local Rule 73.02(B)(2) (D.S.C.). In his Report, Magistrate Judge McDonald recommends that the Petition for Habeas Corpus in this case be dismissed without prejudice. It is further recommended that Petitioner’s Motion for a Temporary Restraining Order (Doc. # 12) be denied. The Report was filed on April 11, 2012. 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 A review of the record indicates that the Report accurately summarizes this case and the applicable law. For the reasons articulated by the Magistrate Judge, it is hereby ORDERED that the Magistrate Judge’s Report is ACCEPTED (Doc. # 25) and this Petition for Habeas Corpus is DISMISSED without prejudice. Additionally, Petitioner’s Motion for a Temporary Restraining Order (Doc. # 12) is DENIED. IT IS SO ORDERED. s/ Terry L. Wooten TERRY L. WOOTEN UNITED STATES DISTRICT JUDGE May 31, 2012 Florence, South Carolina 2

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