Norris v. Department of Corr., No. 0:2022cv00736 - Document 20 (D.S.C. 2022)

Court Description: OPINION AND ORDER adopting the magistrate judge's 13 Report and Recommendation, dismissing the Petition without prejudice and without requiring the Respondent to file a return. It is further ORDERED that a certificate of appealability is denied because Norris has failed to make a substantial showing of the denial of a constitutional right. Signed by Honorable Henry M. Herlong, Jr on 8/11/2022. (dist)

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Norris v. Department0:22-cv-00736-HMH of Corr. Date Filed 08/11/22 Entry Number 20 Page 1 of 3 Doc. 20 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA ROCK HILL DIVISION John Foster Norris, Petitioner, vs. Warden, Evans Correctional Institution, Respondent. ) ) ) ) ) ) ) ) ) ) C.A. No. 0:22-736-HMH-PJG OPINION & ORDER This matter is before the court for review of the Report and Recommendation of United States Magistrate Judge Paige J. Gossett made in accordance with 28 U.S.C. § 636(b)(1) and Local Civil Rule 73.02 for the District of South Carolina.1 Petitioner John Foster Norris (“Norris”) is a pro se state prisoner seeking habeas corpus relief pursuant to 28 U.S.C. § 2254. In her Report and Recommendation filed on April 19, 2022, Magistrate Judge Gossett recommends dismissing the Petition without prejudice and without requiring the Respondent to file a return. (R&R, generally, ECF No. 13.) Norris timely filed objections to the Report and Recommendation.2 (Obj., generally, ECF No. 15.) Objections to the Report and Recommendation must be specific. Failure to file 1 The recommendation has no presumptive weight, and the responsibility for making a final determination remains with the United States District Court. See Mathews v. Weber, 423 U.S. 261, 270 (1976). The court is charged with making a de novo determination of those portions of the Report and Recommendation to which specific objection is made. The court may accept, reject, or modify, in whole or in part, the recommendation made by the magistrate judge or recommit the matter with instructions. 28 U.S.C. § 636(b)(1). 2 Houston v. Lack, 487 U.S. 266 (1988). 1 Dockets.Justia.com 0:22-cv-00736-HMH Date Filed 08/11/22 Entry Number 20 Page 2 of 3 specific objections constitutes a waiver of a party’s right to further judicial review, including appellate review, if the recommendation is accepted by the district judge. See United States v. Schronce, 727 F.2d 91, 94 & n.4 (4th Cir. 1984). In the absence of specific objections to the Report and Recommendation of the magistrate judge, this court is not required to give any explanation for adopting the recommendation. See Camby v. Davis, 718 F.2d 198, 199 (4th Cir. 1983). Upon review, the court finds that Norris’s objections are non-specific, unrelated to the dispositive portions of the magistrate judge’s Report and Recommendation, or merely restate his claims. Norris’s objections are therefore without merit. Accordingly, after a thorough review of the magistrate judge’s Report and the record in this case, the court adopts Magistrate Judge Gossett’s Report and Recommendation and incorporates it herein. It is therefore ORDERED that the Petition is dismissed without prejudice and without requiring the Respondent to file a return. It is further ORDERED that a certificate of appealability is denied because Norris has failed to make “a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2). IT IS SO ORDERED. s/Henry M. Herlong, Jr. Senior United States District Judge Greenville, South Carolina August 11, 2022 2 0:22-cv-00736-HMH Date Filed 08/11/22 Entry Number 20 Page 3 of 3 NOTICE OF RIGHT TO APPEAL Petitioner is hereby notified that he has the right to appeal this order within thirty (30) days from the date hereof, pursuant to Rules 3 and 4 of the Federal Rules of Appellate Procedure. 3

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