Graham v. Curz

Filing 20

ORDER RULING ON REPORT AND RECOMMENDATION 12 . It is hereby ORDERED that the Report and Recommendation is ACCEPTED. (Doc. #12). For the reasons articulated by the Magistrate Judge, this petition is DISMISSED without prejudice and without requiring Respondent to file a return. Signed by Chief Judge Terry L Wooten on 11/3/2014. (kric, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
GREENVILLE DIVISION
PHIL JEMAR GRAHAM,

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Petitioner,
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vs.
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WARDEN CURZ,
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Respondent.
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___________________________________ )

Case No. 6:14-cv-03284-TLW

ORDER
Petitioner Phil Jemar Graham (“Petitioner”), an inmate at Federal Correctional Institution
Williamsburg, filed this pro se habeas petition pursuant to 28 U.S.C. § 2241. This matter is
before the Court for review of the Report and Recommendation (“the Report”) filed by United
States Magistrate Judge Kevin McDonald, to whom this case was assigned pursuant to 28 U.S.C.
§ 636(b)(1) and Local Civil Rule 73.02(B)(2)(c), (D.S.C.). In the Report, the Magistrate Judge
recommends that this Court dismiss the petition without prejudice and without requiring
Respondent to file a return because Petitioner’s challenge to his conviction is properly brought
through 28 U.S.C. § 2255. (Doc. #12). Petitioner’s objections to the Report were due by
October 10, 2014. Petitioner failed to file objections, and this matter is ripe for review.
The Court is charged with conducting a de novo review of any portion of the Report to
which a specific objection is registered, and may accept, reject, or modify, in whole or in part,
the recommendations contained therein. 28 U.S.C. § 636. However, in the absence of objections
to the Report, the Court is not required to give any explanation for adopting the Magistrate
Judge’s recommendation. See Camby v. Davis, 718 F.2d 198, 200 (4th Cir. 1983). In such a

case, “a district court need not conduct a 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.’”
Diamond v. Colonial Life & Accident Ins. Co., 416 F.3d 310, 315 (4th Cir. 2005) (quoting Fed.
R. Civ. P. 72 advisory committee’s note).
In light of this standard, the Court has carefully reviewed the Report and concludes that it
accurately summarizes the case and the applicable law. Accordingly, it is hereby ORDERED
that the Report and Recommendation is ACCEPTED. (Doc. #12). For the reasons articulated
by the Magistrate Judge, this 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
November 3, 2014
Columbia, South Carolina