Blackwell v. Leath Correctional Insititution

Filing 30

ORDER RULING ON REPORT AND RECOMMENDATION ACCEPTS the 27 Magistrate Judge's Report and Recommendation. 12 Respondent's Motion for Summary Judgment is GRANTED, and 24 Petitioner's Motion to Dismiss Without Prejudice is DENIED. Petitioner's Petition for Writ of Habeas Corpus is DENIED. Signed by Honorable J Michelle Childs on 11/6/2017. Modified on 11/7/2017 to delete attachment filed in error. (gpre, ).

Download PDF
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA ANDERSON/GREENWOOD DIVISION Nearin Blackwell, a/k/a Nearim Grace Blackwell, ) ) ) Petitioner, ) ) v. ) ) Warden, Leath Correctional Institution, ) ) Respondent. ) ____________________________________) Civil Action No.: 8:16-cv-03947-JMC ORDER This matter is before the court upon review of the Magistrate Judge’s Report and Recommendation (“Report”) (ECF No. 27), filed on September 8, 2017, recommending that the court should grant Respondent’s Motion for Summary Judgment (ECF No. 12) and deny Petitioner’s Motion to Dismiss [her Habeas Petition] Without Prejudice (ECF No. 24). The Magistrate Judge’s Report is made in accordance with 28 U.S.C. § 636(b)(1)(B) and Local Civil Rule 73.02(B)(2)(c) for the District of South Carolina. The Magistrate Judge makes only a recommendation to this court, which has no presumptive weight. The responsibility to make a final determination remains with this court. See Mathews v. Weber, 423 U.S. 261, 270-71 (1976). The court is charged with making a de novo determination of those portions of the Report to which specific objections are made. Fed. R. Civ. P. 72(b)(2)-(3). The parties were advised of their right to file objections to the Report. (ECF No. 27-1.) However, neither party filed any objections to the Report. In the absence of objections to the Magistrate Judge’s Report, this court is not required to provide an explanation for adopting the recommendation. See Camby v. Davis, 718 F.2d 198, 199 (4th Cir. 1983). Rather, “in the absence of a timely filed objection, a district court need not conduct a de novo review, but instead must ‘only satisfy itself that there is no clear error on the face of the record in order to accept the recommendation.’” Diamond v. Colonial Life & Acc. Ins. Co., 416 F.3d 310, 315 (4th Cir. 2005) (quoting Fed. R. Civ. P. 72 advisory committee’s note). Furthermore, failure to file specific written objections to the Report results in a party’s waiver of the right to appeal from the judgment of the District Court based upon such recommendation. 28 U.S.C. § 636(b)(1); see Wells v. Shriners Hosp., 109 F.3d 198, 200 (4th Cir. 1997) (“[t]he Supreme Court has authorized the waiver rule that we enforce. . . . ‘[A] court of appeals may adopt a rule conditioning appeal, when taken from a district court judgment that adopts a magistrate's recommendation, upon the filing of objections with the district court identifying those issues on which further review is desired.’”) (citing Thomas v. Arn, 474 U.S. 140, 155 (1985)). After a thorough review of the Report and the record in this case, the court finds the Report provides an accurate summary of the facts and law. The court ACCEPTS the Magistrate Judge’s Report and Recommendation (ECF No. 27). Respondent’s Motion for Summary Judgment (ECF No. 12) is GRANTED, and Petitioner’s Motion to Dismiss Without Prejudice (ECF No. 24) is DENIED. Petitioner’s Petition for Writ of Habeas Corpus (ECF No. 1) is DENIED. IT IS SO ORDERED. United States District Judge November 6, 2017 Columbia, South Carolina

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?