Pitts v. South Carolina, State of

Filing 14

ORDER ADOPTING 11 REPORT AND RECOMMENDATIONS of Magistrate Judge Bristow Marchant. The "Petition for Writ of Error Coram Nobis" is DISMISSED without prejudice and without requiring the respondent to file an answer or return. Signed by Honorable Terry L Wooten on 5/13/11. (rpol, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
BEAUFORT DIVISION

Tony A. Pitts, # 280579,

)
)
Petitioner,
)
)
-versus)
)
State of South Carolina,
)
)
Respondent.
)
__________________________________________)

C.A. No. 9:10-3206-TLW-BM

ORDER

This matter is now before the undersigned for review of the Report and Recommendation
(“the Report”) filed by United States Magistrate Judge Bristow Marchant, to whom this case had
previously been assigned pursuant to 28 U.S.C. § 636(b) and Local Rule 73.02(B)(2) (D.S.C.). In
his Report, Magistrate Judge Marchant recommends that the “Petition for Writ of Error Coram
Nobis” be dismissed without prejudice and without requiring the respondent to file an answer or
return. No objections to the Report have been filed.
This Court is charged with conducting a de novo review of any portion of the Magistrate
Judge’s Report to which a specific objection is registered, and may accept, reject, or modify, in
whole or in part, the recommendations contained in that report. 28 U.S.C. § 636. No objections
have been filed to the Report. In the absence of 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).
A review of the record indicates that the Report accurately summarizes this case and the
applicable law. For the reasons articulated by the Magistrate Judge, it is hereby ORDERED that
1

the Magistrate Judge’s Report is ACCEPTED (Doc. # 11), and the “Petition for Writ of Error
Coram Nobis” is DISMISSED without prejudice and without requiring the respondent to file an
answer or return.
IT IS SO ORDERED.

s/ Terry L. Wooten
TERRY L. WOOTEN
UNITED STATES DISTRICT JUDGE

May 13, 2011
Florence, South Carolina

2