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Thompson v. Taylor

United States District Court, D. South Carolina

September 18, 2014

Samuel Thompson, Jr., Petitioner,
v.
Warden Taylor; and S.C. Attorney General, Respondents.

ORDER

JOSEPH F. ANDERSON, Jr., District Judge.

The pro se petitioner, Samuel Thompson, Jr., brings this action pursuant to 28 U.S.C. § 2254. He is an inmate with the South Carolina Department of Corrections. He appears to have pending a state Post-Conviction Relief Application challenging his 2013 state court conviction and sentence.

The Magistrate Judge assigned to this action[1] has prepared a Report and Recommendation wherein she opines that the petition is subject to summary dismissal because the petitioner has not exhausted his administrative remedies. The Report sets forth in detail the relevant facts and standards of law on this matter, and the court incorporates such without a recitation.

The petitioner was advised of his right to file objections to the Report and Recommendation. However, the petitioner did not file objections to the Report and the time within which to do so has expired. In the absence of specific objections to the Report 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 careful review of the record, the applicable law, and the Report and Recommendation, the court adopts the Magistrate Judge's recommendation and incorporates it herein by reference. Accordingly, this action is dismissed without prejudice and without issuance and service of process.

IT IS FURTHER ORDERED that a certificate of appealability is denied because the petitioner has failed to make "a substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2).[2]

IT IS SO ORDERED.


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