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PATE v. OZMINT

United States District Court, D. South Carolina, Rock Hill Division
Sep 11, 2009
C.A. No. 0:08-2311-TLW-PJG (D.S.C. Sep. 11, 2009)

Opinion

C.A. No. 0:08-2311-TLW-PJG.

September 11, 2009


ORDER


The Petitioner, proceeding pro se, brings this action seeking habeas relief pursuant to 28 U.S.C. § 2254. Petitioner is an inmate in the South Carolina Department of Corrections and seeks to have his conviction and sentence vacated.

On November 12, 2008, the Respondent moved for summary judgment on Petitioner's claims. On August 12, 2009, United States Magistrate Judge Paige Gossett, 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.), filed a Report and Recommendation ("the Report"). In her Report, Magistrate Judge Gossett recommends that the Respondent's motion for summary judgment be granted. Petitioner did not file objections to the Magistrate's Report.

This Court is charged with conducting a de novo review of any portion of the Magistrate Judge's Report to which a specific objection is registered, and may accept, reject, or modify, in whole or in part, the recommendations contained in that report. 28 U.S.C. § 636. 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).

In light of this standard, the Court has carefully reviewed the Report and has concluded 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. # 39); and Respondent's motion for summary judgment is GRANTED (Doc. # 23).

IT IS SO ORDERED.


Summaries of

PATE v. OZMINT

United States District Court, D. South Carolina, Rock Hill Division
Sep 11, 2009
C.A. No. 0:08-2311-TLW-PJG (D.S.C. Sep. 11, 2009)
Case details for

PATE v. OZMINT

Case Details

Full title:Henry Pate, Petitioner, v. Jon Ozmint, Director, Respondent

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

Date published: Sep 11, 2009

Citations

C.A. No. 0:08-2311-TLW-PJG (D.S.C. Sep. 11, 2009)

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