Edison v. Briggs

Filing 9

ORDER RULING ON REPORT AND RECOMMENDATION Adopting 7 Report and Recommendation dismissing case without prejudice in accordance with Rule 41 of the Federal Rules of Civil Procedure. Signed by Honorable Joseph F Anderson, Jr on 3/27/17. (mflo, )

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UNITED STATES DISTRICT COURT DISTRICT OF SOUTH CAROLINA Jermaine A. Edison, Petitioner, vs. T. Briggs, Warden, Respondent. _______________________________________ ) ) ) ) ) ) ) ) ) ) C/A No. 9:16-3447-JFA-BM ORDER The pro se petitioner, Jermaine A. Edison, is a federal prisoner housed at the Federal Correctional Institution in Bennettsville, South Carolina. He brings this action pursuant to 28 U.S.C. § 2241 challenging a disciplinary conviction. The Magistrate Judge assigned to this action1 has prepared a Report and Recommendation and opines that the § 2241 petition should be dismissed because the petitioner has failed to bring his paperwork into proper form for evaluation. The Report sets forth in detail the relevant facts and standards of law on this matter, and the court incorporates such without a recitation. The petitioner was advised of his right to file objections to the Report and Recommendation, which was entered on the docket on March 3, 2017. However, the petitioner did not file any objections to the Report within the time limits prescribed. In the 1 The Magistrate Judge’s review is made in accordance with 28 U.S.C. § 636(b)(1)(B) and Local Civil Rule 73.02. 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. Mathews v. Weber, 423 U.S. 261 (1976). The court is charged with making a de novo determination of those portions of the Report and Recommendation to which specific objection is made, and the court may accept, reject, or modify, in whole or in part, the recommendation of the Magistrate Judge, or recommit the matter to the Magistrate Judge with instructions. See 28 U.S.C. § 636(b)(1). 1 absence of specific objections to the Report 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) The Magistrate Judge suggests that the action should be dismissed without prejudice in accordance with Rule 41 of the Federal Rules of Civil Procedure. After a careful review of the record, the applicable law, and the Report and Recommendation, the court finds the Magistrate Judge’s recommendation proper and incorporated herein by reference. Accordingly, this action is dismissed without prejudice. IT IS SO ORDERED. Joseph F. Anderson, Jr. United States District Judge March 27, 2017 Columbia, South Carolina0 2

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