Futch v. Mora
Filing
19
ORDER RULING ON REPORT AND RECOMMENDATION 17 . This action is DISMISSED without prejudice and without requiring Respondent to file an answer or return. Signed by Honorable R Bryan Harwell on 9/26/2013. (kric, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
GREENVILLE DIVISION
John Randall Futch, #08700-021,
Petitioner,
v.
Steve Mora, Warden,
Respondent.
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Civil Action No.: 6:13-cv-01986-RBH
ORDER
Plaintiff John Randall Futch, a federal prisoner proceeding pro se, filed this action pursuant
to 28 U.S.C. § 2241, alleging violations of his constitutional rights in his disciplinary hearing. The
matter is now before the Court for review after the issuance of the Report and Recommendation of
United States Magistrate Judge Kevin F. McDonald, 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
recommends that the Court dismiss Petitioner’s petition without prejudice and without requiring
Respondent to file an answer or return.
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).
Neither party has filed objections 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 explanation for adopting the recommendation. See Camby v. Davis, 718 F.2d 198, 199
(4th Cir. 1983). The Court reviews only for clear error in the absence of an objection. See Diamond
v. Colonial Life & Accident Ins. Co., 416 F.3d 310 (4th Cir. 2005) (stating that “in the absence of a
timely filed objection, a district court need not conduct de novo review, but instead must ‘only
satisfy itself that there is no clear error on the face of the record in order to accept the
recommendation’ ”) (quoting Fed. R. Civ. P. 72 advisory committee’s note).
After a thorough review of the record in this case, the Court finds no clear error.
Accordingly, the Report and Recommendation of the Magistrate Judge is adopted and incorporated
by reference. Therefore, it is
ORDERED that this action be DISMISSED without prejudice and without requiring
Respondent to file an answer or return.
IT IS SO ORDERED.
s/ R. Bryan Harwell
R. Bryan Harwell
United States District Judge
Florence, South Carolina
September 26, 2013
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