Dunn v. Janson

Filing 17

ORDER adopting 10 Report and Recommendations. The petition is dismissed without prejudice, without leave to amend, and without issuance and service of process. Signed by Honorable Joseph F Anderson, Jr on 6/5/24.(pbri, )

IN THE UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
George Washington Dunn,

C/A No. 6:24-cv-1544-JFA-KFM
Petitioner,

v.
ORDER
Sean Janson,
Respondent.
Petitioner George Washington Dunn, proceeding pro se, filed the instant petition for a writ
of habeas corpus pursuant to 28 U.S.C. § 2241. In accordance with 28 U.S.C. § 636(b) and Local
Civil Rule 73.02(B)(2) (D.S.C.), the case was referred to the Magistrate Judge for initial review.
After conducting an initial review of the petition, the Magistrate Judge assigned to this
action1 issued a thorough Report and Recommendation (“Report”). (ECF No. 10). Within the
Report, the Magistrate Judge opines that the petition should be summarily dismissed. The Report
sets forth, in detail, the relevant facts and standards of law on this matter, and this Court
incorporates those facts and standards without a recitation.
Petitioner was advised of his right to object to the Report, which was entered on the docket
on April 22, 2024. Id. The Magistrate Judge required Petitioner to file objections May 6, 2024.
Id. Petitioner failed to file objections or otherwise address the deficiencies in his petition. Thus,
this matter is ripe for review.
A district court is only required to conduct a de novo review of the specific portions of the

1

The Magistrate Judge’s review is made in accordance with 28 U.S.C. § 636(b)(1)(B) and Local
Civil Rule 73.02(B)(2)(d) (D.S.C.). The Magistrate Judge makes only a recommendation to this
Court. The recommendation has no presumptive weight, and the responsibility to make a final
determination remains with the Court. Mathews v. Weber, 423 U.S. 261 (1976).

Magistrate Judge’s Report to which an objection is made. See 28 U.S.C. § 636(b); Fed. R. Civ. P.
72(b); Carniewski v. W. Virginia Bd. of Prob. & Parole, 974 F.2d 1330 (4th Cir. 1992). In the
absence of specific objections to portions of the Magistrate’s Report, this Court is not required to
give an explanation for adopting the recommendation. See Camby v. Davis, 718 F.2d 198, 199 (4th
Cir. 1983).
Here, Petitioner has failed to raise any objections and therefore this Court is not required
to give an explanation for adopting the recommendation. A review of the Report indicates that the
Magistrate Judge correctly concluded that the petition is subject to summary dismissal.
After carefully reviewing the applicable laws, the record in this case, and the Report, this
Court finds the Magistrate Judge’s recommendation fairly and accurately summarizes the facts and
applies the correct principles of law. Accordingly, this Court adopts the Magistrate Judge’s Report
and Recommendation and incorporates it herein by reference. (ECF No. 10). Therefore, the
petition is dismissed without prejudice, without leave to amend, and without issuance and service
of process.
IT IS SO ORDERED.

June 5, 2024
Columbia, South Carolina

Joseph F. Anderson, Jr.
United States District Judge