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Barnhardt v. Mitchell

United States District Court, D. South Carolina, Rock Hill Division
Aug 5, 2009
C.A. No.: 0:09-1452-RBH (D.S.C. Aug. 5, 2009)

Opinion

C.A. No.: 0:09-1452-RBH.

August 5, 2009


ORDER


This matter is before the court for review of the Report and Recommendation of United States Magistrate Judge Paige J. Gossett, 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 recommendation of the Magistrate Judge or recommit the matter with instructions. See 28 U.S.C. § 636(b)(1).

The Petitioner filed no objections 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 Gossett's Report and Recommendation and incorporates it herein. It is therefore

ORDERED that the action is dismissed without prejudice and without service of process.

IT IS SO ORDERED.


Summaries of

Barnhardt v. Mitchell

United States District Court, D. South Carolina, Rock Hill Division
Aug 5, 2009
C.A. No.: 0:09-1452-RBH (D.S.C. Aug. 5, 2009)
Case details for

Barnhardt v. Mitchell

Case Details

Full title:Larry Scott Barnhardt, #18866-057, Petitioner, v. M.M. Mitchell, Warden of…

Court:United States District Court, D. South Carolina, Rock Hill Division

Date published: Aug 5, 2009

Citations

C.A. No.: 0:09-1452-RBH (D.S.C. Aug. 5, 2009)

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