Opinion
Civil Action 2:22-04412-MGL
01-10-2024
MARCUS TERRELLE MARSH, Petitioner, v. WARDEN R.S. DUNBAR, Respondent.
ORDER ADOPTING THE REPORT AND RECOMMENDATION AND GRANTING RESPONDENT'S MOTION TO DISMISS
MARY GEIGER LEWIS, UNITED STATES DISTRICT JUDGE
Petitioner Marcus Terrelle Marsh (Marsh), filed this 28 U.S.C. § 2241 petition (the petition) against Respondent Warden R.S. Dunbar (Dunbar). Marsh is self represented.
The matter is before the Court for review of the Report and Recommendation (Report) of the United States Magistrate Judge suggesting Dunbar's motion to dismiss be granted, Marsh's § 2241 petition be dismissed without prejudice, and a certificate of appealability be denied. The Report was 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 December 4, 2023, but Marsh failed to file any objections. “[I]n the absence of a timely filed objection, a district court need not conduct a de novo review, but instead must ‘only satisfy itself that there is no clear error on the face of the record in order to accept the recommendation.'” Diamond v. Colonial Life & Acc. Ins. Co., 416 F.3d 310, 315 (4th Cir. 2005) (quoting Fed.R.Civ.P. 72 advisory committee's note). 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. It is therefore the judgment of this Court Dunbar's motion to dismiss is GRANTED and Marsh's § 2241 petition is DISMISSED WITHOUT PREJUDICE. Further, to the extent Marsh moves for a certificate of appealability, such request is DENIED.
IT IS SO ORDERED.
NOTICE OF RIGHT TO APPEAL
Marsh is hereby notified of the right to appeal this Order within sixty days from the date hereof, pursuant to Rules 3 and 4 of the Federal Rules of Appellate Procedure.