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Wise v. Padula

United States District Court, D. South Carolina, Greenville Division
Feb 13, 2009
C.A. No.: 6:07-02743-RBH (D.S.C. Feb. 13, 2009)

Opinion

C.A. No.: 6:07-02743-RBH.

February 13, 2009


ORDER


This matter is before the court for review of the Report and Recommendation of United States Magistrate Judge William M. Catoe, made in accordance with 28 U.S.C. § 636(b)(1)(B) and Local 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 this court. See Mathews v. Weber, 423 U.S. 261, 270-71 (1976). The court is charged with making a de novo determination of those portions of the Report and Recommendation to which specific objection is made, and the court may accept, reject, or modify, in whole or in part, the recommen-dation of the Magistrate Judge or recommit the matter with instructions. See 28 U.S.C. § 636(b)(1).

No objections were filed to the Report and Recommendation. In the absence of objections to the Report and Recommendation 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).

After a thorough review of the Report and Recommendation and the record in this case, the court adopts Magistrate Judge Catoe's Report and Recommendation and incorporates it herein. It is therefore

ORDERED that the respondent's supplemental motion for summary judgment [doc. 39] is hereby GRANTED and the habeas petition is dismissed.

IT IS SO ORDERED.


Summaries of

Wise v. Padula

United States District Court, D. South Carolina, Greenville Division
Feb 13, 2009
C.A. No.: 6:07-02743-RBH (D.S.C. Feb. 13, 2009)
Case details for

Wise v. Padula

Case Details

Full title:Cedric Wise, #312547, Petitioner, v. A.J. Padula, Warden of Lee…

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

Date published: Feb 13, 2009

Citations

C.A. No.: 6:07-02743-RBH (D.S.C. Feb. 13, 2009)