Opinion
C/A No. 1:16-127-JFA-SVH
10-05-2016
Roderick English, Petitioner, v. Warden Ned Longshore, Respondent.
ORDER
The pro se petitioner, Roderick English, is an inmate confined at the South Carolina Department of Corrections (SCDC). He brings this action pursuant to 28 U.S.C. § 2254 challenging his 2004 state conviction for assault with intent to commit criminal sexual conduct and burglary first degree.
The Magistrate Judge assigned to this action has prepared a Report and Recommendation wherein she suggests that this court should dismiss the action for lack of prosecution pursuant to Rule 41(b) of the Federal Rules of Civil Procedure. The respondent filed a motion for summary judgment, however petitioner did not respond to the motion. 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 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 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. 28 U.S.C. § 636(b)(1).
An order was issued pursuant to Roseboro v. Garrison, 528 F.2d 309 (4th Cir. 1975) notifying petitioner of the summary dismissal procedure and possible consequences if he failed to adequately respond to the motion for summary judgment. Petitioner did not respond to the motion. --------
The petitioner was advised of his right to file objections to the Report and Recommendation, which was entered on the docket on August 11, 2016. However, the petitioner did not file objections and the time within which to do so has now expired. In the 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 has allowed the petitioner ample time to respond to the court's orders and the petitioner has failed to do so.
This court agrees with the Magistrate Judge that the petitioner meets all of the criteria for dismissal under Rule 41(b). See Ballard v. Carlson, 882 F.2d 93 (4th Cir. 1989), Davis v. Williams, 588 F.2d 69 (4th Cir. 1978).
Accordingly, this action is dismissed with prejudice for lack of prosecution.
IT IS SO ORDERED.
/s/
Joseph F. Anderson, Jr.
United States District Judge October 5, 2016
Columbia, South Carolina