Youngblood v. Secor et al, No. 0:2023cv00906 - Document 16 (D.S.C. 2023)

Court Description: OPINION & ORDER adopting Magistrate Judge Gossett's 12 Report and Recommendation, dismissing the 1 Petition without prejudice and without requiring Respondent to file a return, and denying a certificate of appealability. Signed by Honorable Henry M. Herlong, Jr. on 5/23/2023. (dist)

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Youngblood v. Secor0:23-cv-00906-HMH et al Date Filed 05/23/23 Entry Number 16 Page 1 of 3 Doc. 16 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA ROCK HILL DIVISION Andre Youngblood, Petitioner, vs. Director, Alston Wilkes Society, Respondent. ) ) ) ) ) ) ) ) ) C.A. No. 0:23-906-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 Andre Youngblood, (“Youngblood”), a federal prisoner proceeding pro se, filed this action seeking habeas corpus relief pursuant to 28 U.S.C. § 2241. In her Report and Recommendation filed on May 2, 2023, Magistrate Judge Gossett recommends dismissing the Petition without prejudice and without requiring Respondent to file a return. (R&R, generally, ECF No. 12.) Youngblood filed an untitled document which the court construes as timely objections to the Report and Recommendation.2 (Obj., generally, ECF No. 14.) Objections to the Report and Recommendation must be specific. Failure to file specific objections constitutes a waiver of a 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 See Houston v. Lack, 487 U.S. 266 (1988). 1 Dockets.Justia.com 0:23-cv-00906-HMH Date Filed 05/23/23 Entry Number 16 Page 2 of 3 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 Youngblood’s objections are non-specific, unrelated to the dispositive portions of the magistrate judge’s Report and Recommendation, or merely restate his claims. Petitioner’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 Respondent to file a return. It is further ORDERED that a certificate of appealability is denied because Youngblood has failed to make “a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2).3 IT IS SO ORDERED. s/Henry M. Herlong, Jr. Senior United States District Judge Greenville, South Carolina May 23, 2023 3 District courts must issue certificates of appealability when entering “a final order adverse to the applicant.” Rule 11(a), Rules Governing § 2254 Cases. These rules may be applied to other types of habeas corpus petitions. Rule 1(b), Rules Governing § 2254 Cases. 2 0:23-cv-00906-HMH Date Filed 05/23/23 Entry Number 16 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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