Case Information
*1 3:07-cv-00384-HFF Date Filed 03/15/07 Entry Number 8 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA COLUMBIA DIVISION GERALD D. DAVIS, JR., §
Petitioner, § § vs. § CIVIL ACTION NO. 3:07-0384-HFF-JRM
§ ROBERT H. MAUNEY, §
STATE OF SOUTH CAROLINA, §
Respondents. § ORDER ADOPTING THE REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE
This case was filed as a 28 U.S.C. § 2254 action. Petitioner is proceeding pro se. The matter is before the Court for review of the Report and Recommendation (Report) of the United States Magistrate Judge suggesting that the action be dismissed without prejudice and without issuance and service of process upon Respondents. The Report is made in accordance with 28 U.S.C. § 636 and Local Civil Rule 73.02 for the District of South Carolina.
The Magistrate Judge makes only a recommendation to this Court. The recommendation has no presumptive weight. The responsibility to make a final determination remains with the Court. Mathews v. Weber , 423 U.S. 261, 270 (1976). The Court is charged with making a de novo
determination of those portions of the Report 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 with instructions. 28 U.S.C. § 636(b)(1).
3:07-cv-00384-HFF Date Filed 03/15/07 Entry Number 8 Page 2 of 2 The Magistrate Judge filed the Report on February 20, 2007. Petitioner failed to file any objections. In the absence of objections, the Court is not required to give any explanation for th adopting the recommendation. Camby v. Davis , 718 F.2d 198, 199 (4 Cir. 1983). Moreover, a failure to object waives appellate review. Wright v. Collins , 766 F.2d 841, 845-46 (4th Cir. 1985).
After a thorough review of the Report and the record in this case pursuant to the standard set forth above, the Court adopts the Report and incorporates it herein. Therefore, it is the judgment of this Court that the action be DISMISSED without prejudice and without issuance and service of process upon Respondents .
IT IS SO ORDERED .
Signed this 15th day of March, 2007, in Spartanburg, South Carolina.
s/ Henry F. Floyd HENRY F. FLOYD UNITED STATES DISTRICT JUDGE ***** NOTICE OF RIGHT TO APPEAL Petitioner is hereby notified of the right to appeal this Order within thirty (30) days from the date hereof, pursuant to Rules 3 and 4 of the Federal Rules of Appellate Procedure.
2