Tucker v. United States of America et al

Filing 14

ORDER RULING ON REPORT AND RECOMMENDATION adopts 8 Report and Recommendation and dismisses the habeas petition. Signed by Honorable Richard M Gergel on 6/2/2016. (gpre, )

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF SOUTH CAROLINA

Richard Price Tucker,
Petitioner,

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Civil Action No. 8:16-18-RMG

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United States of America and B.J. Meeks,
Warden,

ORDER

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Respondents.

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This matter is before the Court on the Report and Recommendation ("R & R") of the
Magistrate Judge. (Dkt. No.8). The Court hereby adopts the R & R as the order of the court.
Petitioner is a federal prisoner. On January 4,2016, he filed this petition for writ of
habeas corpus pursuant to 28 U.S.C. § 2241. (Dkt. No.1). The Magistrate Judge filed an R & R
recommending that this Court dismiss Petitioner's Petition for Writ of Habeas Corpus on
February 12,2016 (Dkt. No.8). Petitioner filed no objections.
Where a Magistrate Judge has submitted to a District Court a R & R, any party may file
written objections within 14 days of the issuance of the R & R. 28 U.S.C. § 636(b)(1); Fed. R.
Civ. P. 72(b)(2). A District Court must "make a de novo determination of those portions of the
report ... or recommendations to which objection is made." 28 U.S.C. § 636(b)(1). Where no
timely filed objection has been made, the District Court is obligated to review the R & R to confirm
that "there is no clear error on the face of the record in order to accept the recommendation."
Diamond v. Colonial Life & Accident Ins. Co., 416 F.3d 310,315 (4th Cir. 2005).
The Court has reviewed the record in this matter, the R & R ofthe Magistrate Judge, and
the applicable law. The Court finds that the Magistrate Judge has ably and thoroughly addressed

the factual and legal issues in this matter. Therefore, the Court ADOPTS the R & R (Dkt. No.8)
as the order of this Court and DISMISSES the habeas petition.
AND IT IS SO ORDERED.

United States District Court Judge

June~2016
Charleston, South Carolina

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