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Carothers v. Warden FCI Edgefield

United States District Court, District of South Carolina

November 3, 2014

Michael B. Carothers, Petitioner,
v.
Warden FPC Edgefield; Federal Bureau of Prisons, DSCC, Respondents

Michael B Carothers, Petitioner, Pro se, Bruceton Mills, WV.

For Warden FPC Edgefield, Federal Bureau of Prisons, DSCC, Respondents: Marshall Prince, LEAD ATTORNEY, U.S. Attorneys Office, Columbia, SC.

ORDER

David C. Norton, United States District Judge.

The above referenced case is before this court upon the magistrate judge's recommendation that the Warden of the Federal Correctional Complex, Hazelton, in Bruceton Mills, West Virginia be substituted for the Warden of FCI Edgefield, South Carolina, and the Federal Bureau of Prisons DSCC be dismissed. It was further recommended that respondent's motion for summary judgment be granted, the petitioner's habeas petition be dismissed with prejudice, and that a certificate of appealability be denied.

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(b)(1). However, absent prompt objection by a dissatisfied party, it appears that Congress did not intend for the district court to review the factual and legal conclusions of the magistrate judge. Thomas v Arn, 474 U.S. 140, 106 S.Ct. 466, 88 L.Ed.2d 435 (1985). Additionally, any party who fails to file timely, written objections to the magistrate judge's report pursuant to 28 U.S.C. § 636(b)(1) waives the right to raise those objections at the appellate court level. United States v. Schronce, 727 F.2d 91 (4th Cir. 1984), cert. denied, 467 U.S. 1208, 104 S.Ct. 2395, 81 L.Ed.2d 352 (1984).[1] Objections to the magistrate judge's report and recommendation were timely filed on October 20, 2014.

A de novo review of the record indicates that the magistrate judge's report accurately summarizes this case and the applicable law. Accordingly, the magistrate judge's report and recommendation is AFFIRMED, the Warden of the Federal Correctional Complex, Hazelton, in Bruceton Mills, West Virginia is substituted for the Warden of FCI Edgefield, South Carolina, and the Federal Bureau of Prisons DSCC is DISMISSED.

IT IS FURTHER ORDERED that respondent's motion for summary judgment is GRANTED, and petitioner's habeas petition is DISMISSED with prejudice.

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

AND IT IS SO ORDERED.


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