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Martinez-Castenada v. Warden, Allendale Correctional Institution

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

June 25, 2015

Juanito Martinez-Castenada, # 349061, Petitioner,
v.
Warden, Allendale Correctional Institution, Respondent.

ORDER

Timothy M. Cain United States District Judge

Petitioner, Juanito Martinez-Castenada, a state prisoner proceeding pro se, filed this habeas action pursuant to 28 U.S.C. § 2254. In accordance with 28 U.S.C. § 636(b)(1) and Local Civil Rule 73.02, D.S.C., this matter was referred to a magistrate judge for pretrial handling. Before the court is the magistrate judge’s Report and Recommendation (“Report”), recommending that the action be dismissed with prejudice for lack of prosecution and failure to comply with the court’s orders. (ECF No. 26). Petitioner was advised of his right to file objections to the Report. (ECF No. 26 at 3). However, no objections have been filed to the Report, and the time to do has now run.

The Report has no presumptive weight and the responsibility to make a final determination in this matter remains with this court. See Mathews v. Weber, 423 U.S. 261, 270-71 (1976). In the absence of objections, this court is not required to provide an explanation for adopting the Report. See Camby v. Davis, 718 F.2d 198, 199 (4th Cir. 1983). Rather, “in the absence of a timely filed objection, 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 & Acc. Ins. Co., 416 F.3d 310, 315 (4th Cir. 2005) (quoting Fed.R.Civ.P. 72 advisory committee’s note).

After a thorough review of the record in this case, the court adopts the Report (ECF No. 26) and incorporates it herein. Accordingly, this action is DISMISSED with prejudice for failure to prosecute pursuant to Federal Rule of Civil Procedure 41(b) and the factors outlined in Chandler Leasing Corp. v. Lopez, 669 F.2d 919, 920 (4th Cir. 1982). See Ballard v. Carlson, 882 F.2d 93 (4th Cir. 1989).

IT IS SO ORDERED.


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