Good v. Padula

Full title: CRAIG L. GOOD, Petitioner, v. ANTHONY PADULA, Warden of Lee Correctional…

Court: United States District Court, D. South Carolina, Columbia Division

Date published: Oct 5, 2006

Civil Action No. 3:06-2116-HFF-JRM (D.S.C. Oct. 5, 2006)

Opinion

Civil Action No. 3:06-2116-HFF-JRM.

October 5, 2006

ORDER ADOPTING THE REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE AND DISMISSING THIS ACTION WITHOUT PREJUDICE AND WITHOUT REQUIRING RESPONDENTS TO FILE A RETURN

HENRY FLOYD, District Judge

This case was filed as a Section 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 petition be dismissed without prejudice and without requiring Respondents to file a return. 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).

The Magistrate Judge filed the Report on July 31, 2006, and Petitioner's objections were entered by the Clerk of Court on August 9, 2006. The Court has carefully reviewed Petitioner's objections but finds them to be without merit. Simply stated, and as observed by the Magistrate Judge, this "is a successive petition for which permission to file was not sought. . . . If Petitioner believes that some or all of his current claims would qualify for inclusion in a valid successive petition, he should first present his claims to the Fourth Circuit Court of Appeals." (Report 2-4.). Petitioner can contact the Clerk's Office, Court of Appeals for the Fourth Circuit, U.S. Courthouse Annex, 1100 E. Main Street, Room 501, Richmond, VA 23219, to make such a presentation.

After a thorough review of the Report and the record in this case pursuant to the standards set forth above, the Court overrules Petitioner's objections, adopts the Report, and incorporates it herein. Therefore, it is the judgment of this Court that the petition must be DISMISSED without prejudice as a successive § 2254 petition. Respondents are not required to file a return.

IT IS SO ORDERED.