United States District Court, District of South Carolina
Michel Andre Dukes, Sr., also known as Michel A. Dukes, Sr., Petitioner,
Willie L. Eagleton, Respondent.
David C. Norton, United States District Judge.
The above referenced case is before this court upon the magistrate judge's recommendation that the petition for writ of habeas corpus be dismissed without prejudice and without requiring respondent to file a return.
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 (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 (1984). Objections to the magistrate judge’s report and recommendation were timely filed on November 17, 2014. On November 21, 2014, petitioner filed a motion for extension of time to submit objections to the report and recommendation, which was granted by the undersigned in an order dated November 25, 2014. No further objections have been filed.
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, and the petition for writ of habeas corpus is DISMISSED without prejudice and without requiring respondent to file a return.
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 ...