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Miller v. U.S.

United States District Court, D. South Carolina, Greenville Division
Jun 17, 2009
CIVIL ACTION NO. 6:09-01150-HFF-WMC (D.S.C. Jun. 17, 2009)

Opinion

CIVIL ACTION NO. 6:09-01150-HFF-WMC.

June 17, 2009


ORDER


This case was filed as a 28 U.S.C. § 2241 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 service upon Respondents. 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 May 29, 2009, and the Clerk of Court entered Petitioner's objections to the Report on June 15, 2009. The Court has reviewed the objections, but finds them to be wholly without merit. Therefore, it will enter judgment accordingly.

After a thorough review of the Report and the record in this case pursuant to the standard 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 be DISMISSED without prejudice and without service upon Respondents. Consequently, all remaining pending motions are rendered MOOT.

IT IS SO ORDERED.

NOTICE OF RIGHT TO APPEAL

The parties are hereby notified of the right to appeal this Order within sixty (60) days from the date hereof, pursuant to Rules 3 and 4 of the Federal Rules of Appellate Procedure.


Summaries of

Miller v. U.S.

United States District Court, D. South Carolina, Greenville Division
Jun 17, 2009
CIVIL ACTION NO. 6:09-01150-HFF-WMC (D.S.C. Jun. 17, 2009)
Case details for

Miller v. U.S.

Case Details

Full title:HENRY EARL MILLER Petitioner, v. UNITED STATES OF AMERICA and WARDEN OF…

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

Date published: Jun 17, 2009

Citations

CIVIL ACTION NO. 6:09-01150-HFF-WMC (D.S.C. Jun. 17, 2009)

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