Rahim v. Ozmint et al

Filing 49

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 41 Report and Recommendations, that respondent's 34 Motion for Summary Judgment filed by Jon Ozmint is Granted and this petition is Dismissed. Signed by Honorable Henry F. Floyd on 10/30/08. (kmca)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA ANDERSON/GREENWOOD DIVISION MUHAMMAD ABDUL RAHIM, a/k/a Gary B. Meyers, Petitioner, vs. DIRECTOR OF SCDC JON OZMINT, Respondent. § § § § § CIVIL ACTION NO. 8:07-4112-HFF-BHH § § § ORDER This case was filed as a 28 U.S.C. § 2241 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 that Respondent's Motion for Summary Judgment be granted and the Petitioner's Petition be dismissed. 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).

The Magistrate Judge filed the Report on September 8, 2008, and the Clerk of Court entered Petitioner's objections on October 30, 2008. The Court has considered those objections, but finds them to be without merit. Therefore, after a thorough review of the Report and the record in this case pursuant to the standard set forth above, the Court overrules Petitioner's objections, adopts the Report, and incorporates it herein. Therefore, it is the judgment of the Court that Respondent's Motion for Summary Judgment be GRANTED and the Petitioner's Petition be DISMISSED. IT IS SO ORDERED. Signed this 30th day of October, 2008, in Spartanburg, South Carolina.

s/ Henry F. Floyd HENRY F. FLOYD UNITED STATES DISTRICT JUDGE ***** NOTICE OF RIGHT TO APPEAL The parties are hereby notified of the right to appeal this Order within thirty (30) days from the date hereof, pursuant to Rules 3 and 4 of the Federal Rules of Appellate Procedure.

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