Opinion
C.A. No. 2:11-2974-TLW-BHH
02-02-2012
Jimmy Campbell, Jr., Petitioner, v. Warden, Kershaw Correctional Institution, Respondent.
ORDER
This matter is now before the undersigned for review of the Report and Recommendation ("the Report") filed by United States Magistrate Bruce Howe Hendricks, to whom this case had previously been assigned pursuant to 28 U.S.C. § 636(b) and Local Rule 73.02(B)(2) (D.S.C.). In her Report, Magistrate Judge Hendricks recommends that the instant Petition for Writ of Habeas Corpus, filed pursuant to 28 U.S.C. § 2254, be dismissed with prejudice. The Report was filed on November 9, 2011. During the time period for filing objections to the Report, Petitioner filed a document entitled "Memorandum of Law in Support Motion for Summary Judgment and Habeas Corpus Order Under 42 U.S.C. 1983 Relief Act."
In conducting this review, the Court applies the following standard:
The magistrate judge makes only a recommendation to the Court, to which any party may file written objections. . . . The Court is not bound by the recommendation of the magistrate judge but, instead, retains responsibility for the final determination. The Court is required to make a de novo determination of those portions of the report or specified findings or recommendation as to which an objection is made. However, the Court is not required to review, under a de novo or any other standard, the factual or legal conclusions of the magistrate judge as to those portions of the Report and Recommendation to which no objections are addressed. While the level of scrutiny entailed by the Court's review of the Report thus depends on whether or notWallace v. Housing Auth. of the City of Columbia, 791 F.Supp. 137, 138 (D.S.C. 1992) (citations omitted).
objections have been filed, in either case, the Court is free, after review, to accept, reject, or modify any of the magistrate judge's findings or recommendations.
In light of this standard, the Court has reviewed, de novo, the Report and the objections thereto. The Court accepts the Report.
A review of the record indicates that the Report accurately summarizes this case and the applicable law. For the reasons articulated by the Magistrate Judge, it is hereby ORDERED that the Magistrate Judge's Report is ACCEPTED (Doc. # 10), Petitioner's objections are overruled (Doc.# 13) and the instant Petition for Writ of Habeas Corpus, filed pursuant to 28 U.S.C. § 2254, is DISMISSED.
IT IS SO ORDERED.
_________________________
TERRY L. WOOTEN
UNITED STATES DISTRICT JUDGE
February 2, 2012
Florence, South Carolina