Summary
concluding in a case filed under § 2254 that the petitioner's conviction became final at the conclusion of direct review, which occurred when the state court of appeals issued its remittitur following the petitioner's voluntary dismissal of his direct appeal
Summary of this case from Christian v. KleeOpinion
C.A. No. 8:07-2763-HMH-BHH.
May 30, 2008
OPINION AND ORDER
This matter is before the court for review of the Report and Recommendation of United States Magistrate Judge Bruce Howe Hendricks, made in accordance with 28 U.S.C. § 636(b)(1) 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 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) (2006).
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 Hendricks' Report and Recommendation and incorporates it herein. It is therefore
ORDERED that the Respondent's motion for summary judgment, docket number 8, is granted and the habeas petition is dismissed with prejudice.