Chandler v. Barnett

Filing 24

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 21 Report and Recommendations, that respondent's 14 Motion for Summary Judgment, filed by Sandy Barnett, is Granted and the habeas petition is Dismissed with prejudice. Signed by Honorable Henry M Herlong, Jr on 12/15/08. (kmca)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA ANDERSON/GREENWOOD DIVISION Steve Chandler, #254264, Petitioner, vs. Ms. Sandy Barnett, Respondent. ) ) ) ) ) ) ) ) )

C.A. No. 8:08-930-HMH-BHH

OPINION AND ORDER

This matter is before the court for review of the Report and Recommendation of United States Magistrate Judge Bruce Howe Hendricks, made in accordance with 28 U.S.C. § 636(b)(1) and Local Civil Rule 73.02 for the District of South Carolina. Steve Chandler ("Chandler") is a pro se state prisoner seeking habeas corpus relief pursuant to 28 U.S.C. § 2254. In her Report and Recommendation, Magistrate Judge Hendricks recommends granting the Respondent's motion for summary judgment. Chandler filed objections to the Report and Recommendation. Objections to the Report and Recommendation must be specific. Failure to file specific objections constitutes a waiver of a party's right to further judicial review, including appellate review, if the recommendation is accepted by the district judge. See United States v. Schronce, 727 F.2d 91, 94 & n.4 (4th Cir. 1984). In the absence of specific objections to the Report and Recommendation of the magistrate judge, this court is not required to give any explanation for adopting the recommendation. See Camby v. Davis, 718 F.2d 198, 199 (4th Cir. 1983).

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Upon review, the court finds that Chandler's objections are non-specific, unrelated to the dispositive portions of the magistrate judge's Report and Recommendation, or merely restate his claims. Therefore, after a thorough review of the Report and Recommendation and the record in this case, the court adopts Magistrate Judge Hendricks' Report and Recommendation and incorporates it herein. It is therefore ORDERED that Respondent's motion for summary judgment, docket number 14, is granted and the habeas petition is dismissed with prejudice. IT IS SO ORDERED.

s/Henry M. Herlong, Jr. United States District Judge Greenville, South Carolina December 15, 2008

NOTICE OF RIGHT TO APPEAL The Petitioner is hereby notified that he has 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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