Opinion
Civil Action No. 4:06-CV-2010-HFF.
October 5, 2006
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 with prejudice and without requiring Respondent 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 September 11, 2006, and Petitioner's objections were entered by the Clerk of Court on September 25, 2006. The Court has carefully reviewed Petitioner's objections but finds them to be without merit. Therefore, the Court will enter judgment accordingly.
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, except the Court will dismiss the petition without prejudice, and incorporates it herein. Therefore, it is the judgment of this Court that the petition must be DISMISSED without prejudice. Respondents are not required to file a return.
IT IS SO ORDERED.