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Temple v. McFadden

United States District Court, D. South Carolina

September 30, 2014

Dennis Maurice Temple, #274802 Petitioner,
v.
Warden Joseph McFadden, Respondent.

ORDER

JOSEPH F. ANDERSON, Jr., District Judge.

The pro se petitioner, Dennis Temple, is a prisoner currently housed at the Leiber Correctional Institution of the South Carolina Department of Corrections. He has filed a petition pursuant to 28 U.S.C. § 2254 challenging his state court conviction and sentence.

The Magistrate Judge assigned to this action[1] has prepared a Report and Recommendation and opines that the petition should be dismissed as premature because petitioner has not exhausted his state 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.

Petitioner was advised of his right to file objections to the Report and Recommendation, which was entered on the docket on September 9, 2014. Petitioner, however, failed to file objections. In the absence of specific objections to the Report of the Magistrate Judge, this court is not required to given any explanation for adopting the recommendation. See Camby v. Davis, 718 F.2d 198, 199 (4th Cir. 1983).

After carefully reviewing the applicable laws, the record in this case, and the Report and Recommendation, this court finds the Magistrate Judge's recommendation fairly and accurately summarizes the facts and applies the correct principles of law. The Report is incorporated herein by reference.

Accordingly, the petition is dismissed without prejudice. 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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