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Graham v. Curz

United States District Court, D. South Carolina, Greenville Division

November 3, 2014

PHIL JEMAR GRAHAM, Petitioner,
v.
WARDEN CURZ, Respondent.

ORDER

TERRY L. WOOTEN, Chief District Judge.

Petitioner Phil Jemar Graham ("Petitioner"), an inmate at Federal Correctional Institution Williamsburg, filed this pro se habeas petition pursuant to 28 U.S.C. § 2241. This matter is before the Court for review of the Report and Recommendation ("the Report") filed by United States Magistrate Judge Kevin McDonald, to whom this case was assigned pursuant to 28 U.S.C. § 636(b)(1) and Local Civil Rule 73.02(B)(2)(c), (D.S.C.). In the Report, the Magistrate Judge recommends that this Court dismiss the petition without prejudice and without requiring Respondent to file a return because Petitioner's challenge to his conviction is properly brought through 28 U.S.C. § 2255. (Doc. #12). Petitioner's objections to the Report were due by October 10, 2014. Petitioner failed to file objections, and this matter is ripe for review.

The Court is charged with conducting a de novo review of any portion of the Report to which a specific objection is registered, and may accept, reject, or modify, in whole or in part, the recommendations contained therein. 28 U.S.C. § 636. However, in the absence of objections to the Report, the Court is not required to give any explanation for adopting the Magistrate Judge's recommendation. See Camby v. Davis , 718 F.2d 198, 200 (4th Cir. 1983). In such a case, "a district court need not conduct a de novo review, but instead must only satisfy itself that there is no clear error on the face of the record in order to accept the recommendation.'" Diamond v. Colonial Life & Accident Ins. Co. , 416 F.3d 310, 315 (4th Cir. 2005) (quoting Fed.R.Civ.P. 72 advisory committee's note).

In light of this standard, the Court has carefully reviewed the Report and concludes that it accurately summarizes the case and the applicable law. Accordingly, it is hereby ORDERED that the Report and Recommendation is ACCEPTED. (Doc. #12). For the reasons articulated by the Magistrate Judge, this petition is DISMISSED without prejudice and without requiring Respondent to file a return.

IT IS SO ORDERED.


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