Taylor v. The State of South Carolina et al
ORDER RULING ON REPORT AND RECOMMENDATION 8 . The Petitioners § 2241 Petition is DISMISSED without prejudice and without requiring Respondent to file a return Signed by Chief Judge Terry L Wooten on 10/16/2014. (kric, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Anthony R. Taylor, #197565,
Cecilia R. Reynolds, Warden,
C/A No.: 6:14-cv-00356-TLW
Petitioner Jimmy Anthony R. Taylor, proceeding pro se and in forma pauperis, filed this
Petition seeking a writ of habeas corpus pursuant to 28 U.S.C. § 2241, and challenging his
consecutive sentences of twenty years and ten years in prison. (Doc. #1). This matter now comes
before this Court for review of the Report and Recommendation (“the Report”) filed on February
20, 2014, by Magistrate Judge Kevin McDonald, (Doc. #8), to whom this case was previously
assigned. In the Report, the Magistrate Judge recommends that the § 2241 Petition be dismissed
without prejudice and without requiring respondent to file a return. Plaintiff filed objections to
the Report on March 12, 2014. (Doc. #12). The Court has reviewed the Report and the
objections. In conducting this review, the Court applies the following standard:
The magistrate judge makes only a recommendation to the Court, to which any
party may file written objections.... The Court is not bound by the
recommendation of the magistrate judge but, instead, retains responsibility for the
final determination. The Court is required to make a de novo determination of
those portions of the report or specified findings or recommendation as to which
an objection is made. However, the Court is not required to review, under a de
novo or any other standard, the factual or legal conclusions of the magistrate
judge as to those portions of the report and recommendation to which no
objections are addressed. While the level of scrutiny entailed by the Court's
review of the Report thus depends on whether or not objections have been filed,
in either case the Court is free, after review, to accept, reject, or modify any of the
magistrate judge's findings or recommendations.
Wallace v. Housing Auth. of the City of Columbia, 791 F. Supp. 137, 138 (D.S.C. 1992)
In light of the standard set forth in Wallace, the Court has reviewed, de novo, the Report
and the objections. After careful review of the Report and objections thereto, the Court hereby
ACCEPTS the Report. (Doc. #8). The Petitioner’s objections, (Doc. #12), are OVERRULED.
The Petitioner’s § 2241 Petition is DISMISSED without prejudice and without requiring
Respondent to file a return.
IT IS SO ORDERED.
s/Terry L. Wooten
Terry L. Wooten
Chief United States District Judge
October 16, 2014
Columbia, South Carolina
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