Wilkes v. United States of America

Filing 20

ORDER Accepting 16 Report and Recommendation. Petitioner's § 2241 petition is dismissed without prejudice and without requiring Respondent to file a return. Signed by Honorable Terry L Wooten on 12/10/12. (kmca)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Victor Glen Wilkes,

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Petitioner,
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vs.
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Warden, FCI-Edgefield,
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Respondent.
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___________________________________ )

Civil Action No. 8:12-3046-TLW-JDA

ORDER

Petitioner Victor Glen Wilkes, (“Petitioner”), brought this civil action, pro se, pursuant
to 28 U.S.C. § 2241 on November 1, 2012. (Doc. # 1).
The matter now comes before this Court for review of the Report and Recommendation
(Athe Report@) filed by United States Magistrate Judge Jacqueline D. Austin, to whom this case
had previously been assigned. In the Report, the Magistrate Judge recommends that the
Petitioner’s § 2241 petition be dismissed without prejudice and without requiring Respondent to
file a return, pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Civil Rule 73.02 (D.S.C.). (Doc. #
16). Petitioner filed a timely Objection. (Doc. # 18). In conducting its review, the Court
therefore applies the following standard:
The magistrate judge makes only a recommendation to the Court, to which any
party may file written objections...The Court is not bound by the recommendation
of the magistrate judge but, instead, retains responsibility for the final
determination. The Court is required to make a de novo determination of those
portions of the report or specified findings or recommendation as to which an
objection is made. However, the Court is not required to review, under a de novo
or any other standard, the factual or legal conclusions of the magistrate judge as to
those portions of the Report and Recommendation to which no objections are
addressed. While the level of scrutiny entailed by the Court's review of the
Report thus depends on whether or not objections have been filed, in either case,
the Court is free, after review, to accept, reject, or modify any of the magistrate
judge's findings or recommendations.

Wallace v. Housing Auth. of the City of Columbia, 791 F. Supp. 137, 138 (D.S.C. 1992)
(citations omitted).
In light of the standard set forth in Wallace, the Court has reviewed, de novo, the Report
and the Petitioner’s Objection. After careful review of the Report and Objection thereto, the
Court ACCEPTS the Report. (Doc. # 16). Petitioner’s § 2241 petition is dismissed without
prejudice and without requiring Respondent to file a return.
IT IS SO ORDERED.

s/Terry L. Wooten____
TERRY L. WOOTEN
United States District Judge

December 10, 2012
Florence, South Carolina