Jordan v. McMaster et al

Filing 29

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 27 Report and Recommendations that petitioner's 18 Motion for Default Judgment, filed by Charles Jordan, is DENIED. This matter is returned to the Magistrate Judge for further pretrial proceedings. Signed by Honorable Cameron McGowan Currie on 7/6/09. (kmca)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA GREENWOOD DIVISION Charles Jordan, ) ) Petitioner, ) ) v. ) ) Henry McMaster, S.C. Attorney General, ) and Warden, ) ) Respondents. ) ___________________________________ ) C/A NO. 8:09-51-CMC-BHH ORDER

This matter is before the court on the pro se application for writ of habeas corpus, filed in this court pursuant to 28 U.S.C. § 2254. In accordance with 28 U.S.C. § 636(b) and Local Civil Rule 73.02 (B)(2)(c), DSC, this matter was referred to United States Magistrate Judge Bruce Howe Hendricks for pre-trial proceedings and a Report and Recommendation ("Report"). On June 15, 2009, the Magistrate Judge issued a Report recommending that Petitioner's motion for default judgment be denied. The Magistrate Judge advised Petitioner of the procedures and requirements for filing objections to the Report and the serious consequences if he failed to do so. Petitioner has filed no objections and the time for doing so has expired. 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. See Mathews v. Weber, 423 U.S. 261 (1976). The court is charged with making a de novo determination of any portion of the Report of the Magistrate Judge to which a specific objection is made. The court may accept, reject, or modify, in whole or in part, the recommendation made by

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the Magistrate Judge or recommit the matter to the Magistrate Judge with instructions. See 28 U.S.C. § 636(b). After reviewing the record of this matter, the applicable law, and the Report and Recommendation of the Magistrate Judge, the court agrees with the conclusions of the Magistrate Judge. Accordingly, the court adopts and incorporates the Report and Recommendation by reference in this Order. Petitioner's motion for default judgment is denied. This matter is returned to the Magistrate Judge for further pretrial proceedings. IT IS SO ORDERED. s/ Cameron McGowan Currie CAMERON MCGOWAN CURRIE UNITED STATES DISTRICT JUDGE Columbia, South Carolina July 6, 2009

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