Spivey v. USP Beaumont
ORDER adopting 6 Report and Recommendation of Magistrate Judge Wallace W Dixon. It is ORDERED that the instant action be transferred to the United States District Court for the Eastern District of Texas. Signed by Honorable Timothy M Cain on 10/7/2014.(ssam, ) [Transferred from South Carolina on 10/8/2014.]
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Mandriez R. Spivey,
Civil Action No. 2:14-3012-TMC
Petitioner Mandriez R. Spivey is a federal prisoner currently incarcerated at the United
States Penitentiary in Beaumont, Texas, seeking habeas corpus relief pursuant to 28 U.S.C. §
2241. In accordance with 28 U.S.C. § 636(b)(1) and Local Civil Rule 73.02, D.S.C., this matter
was referred to a magistrate judge for pretrial handling. Before the court is the magistrate judge’s
Report and Recommendation (“Report”), recommending that the instant case be transferred to
the United States District Court for the Eastern District of Texas. (ECF No. 6). Petitioner timely
objected to the Report. (ECF No. 8).
The Report has no presumptive weight and the responsibility to make a final
determination in this matter remains with this court. See Mathews v. Weber, 423 U.S. 261, 27071 (1976). The court need not conduct a de novo review when a party makes only “general and
conclusory objections that do not direct the court to a specific error in the magistrate’s proposed
findings and recommendations.” Orpiano v. Johnson, 687 F.2d 44, 47 (4th Cir. 1982). In that
case, the court reviews the Report only for clear error. See Diamond v. Colonial Life & Accident
Ins. Co., 416 F.3d 310, 315 (4th Cir. 2005).
The court has thoroughly reviewed the Report, Petitioner’s objections, and the record in
this case and finds no reason to deviate from the Report’s recommended disposition.
Accordingly, the court adopts the Report (ECF No. 6) and incorporates it herein. It is therefore
ORDERED that the instant action be transferred to the United States District Court for the
Eastern District of Texas.
IT IS SO ORDERED.
s/Timothy M. Cain
United States District Judge
October 7, 2014
Anderson, South Carolina
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