Davis v. Bragg
Filing
21
ORDER adopting 14 Report and Recommendation. It is the judgment of the Court the petition is DISMISSED WITHOUT PREJUDICE and without Respondent having to file an answer or return. To the extent Petitioner requests a certificate of appealability from this Court, that certificate is DENIED. Signed by Honorable Mary Geiger Lewis on 10/19/18. (kmca)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
GREENVILLE DIVISION
SALEEM DAVIS,
Petitioner,
vs.
WARDEN OF EVANS
CORRECTIONAL INSTITUTION,
Respondent.
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CIVIL ACTION NO. 6:18-cv-01349-MGL
ORDER ADOPTING THE REPORT AND RECOMMENDATION
AND DISMISSING THE PETITION WITHOUT PREJUDICE
This case was filed as a § 2254 action. Petitioner is proceeding pro se. The matter is before
the Court for review of the Report and Recommendation (Report) of the United States Magistrate
Judge suggesting the petition be dismissed without prejudice and without Respondent having to
file an answer or return. The Report was made in accordance with 28 U.S.C. § 636 and Local
Civil 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 the
Court. Mathews v. Weber, 423 U.S. 261, 270 (1976). The Court is charged with making a de novo
determination of those portions of the Report 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. 28 U.S.C. § 636(b)(1).
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The Magistrate Judge filed the Report on June 29, 2018, but Petitioner failed to file any
objections to the Report. “[I]n the absence of a timely filed objection, 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 & Acc. Ins.
Co., 416 F.3d310, 315 (4th Cir. 2005) (quoting Fed. R. Civ. P. 72 advisory committee's note).
Moreover, a failure to object waives appellate review. Wright v. Collins, 766 F.2d 841, 845-46
(4th Cir. 1985).
After a thorough review of the Report and the record in this case pursuant to the standard
set forth above, the Court adopts the Report and incorporates it herein. Therefore, it is the
judgment of the Court the petition is DISMISSED WITHOUT PREJUDICE and without
Respondent having to file an answer or return.
To the extent Petitioner requests a certificate of appealability from this Court, that
certificate is DENIED.
IT IS SO ORDERED.
Signed this 19th day of October, 2018, in Columbia, South Carolina.
s/ Mary Geiger Lewis
MARY GEIGER LEWIS
UNITED STATES DISTRICT JUDGE
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NOTICE OF RIGHT TO APPEAL
The parties are hereby notified of the right to appeal this Order within thirty days from the
date hereof, pursuant to Rules 3 and 4 of the Federal Rules of Appellate Procedure.
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