Terrell v. United States of America, No. 2:2023cv00736 - Document 13 (D.S.C. 2023)
Court Description: OPINION & ORDER RULING ON REPORT AND RECOMMENDATION: The Clerk of Court shall substitute "Warden, USP Florence ADMAX as the respondent to this case and transfer this petition to the United States District Court for the District of Colorado. Signed by Honorable Henry M Herlong, Jr on 5/23/2023. (dgar) Modified on 5/23/2023 to edit docket text (dgar).
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Terrell v. United States of America 2:23-cv-00736-HMH Date Filed 05/23/23 Entry Number 13 Page 1 of 2 Doc. 13 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA CHARLESTON DIVISION Brooks James Terrell, #95908-071, Petitioner, vs. United States of America, Respondent. ) ) ) ) ) ) ) ) ) ) Case No. 2:23-00736-HMH-MGB OPINION & ORDER This matter is before the court for review of the Report and Recommendation of United States Magistrate Judge Mary Gordon Baker, made in accordance with 28 U.S.C. § 636(b)(1) and Local Civil Rule 73.02 for the District of South Carolina. The magistrate judge makes only a recommendation to this court. The recommendation has no presumptive weight. The responsibility to make a final determination remains with this court. See Mathews v. Weber, 423 U.S. 261, 270-71 (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, and the court may accept, reject, or modify, in whole or in part, the recommendation of the magistrate judge or recommit the matter with instructions. See 28 U.S.C. § 636(b)(1) (2006). The petitioner filed no objections to the Report and Recommendation. In the absence of objections to the magistrate judge’s Report and Recommendation, 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). The court must “only satisfy itself that there is no clear error on the face 1 Dockets.Justia.com 2:23-cv-00736-HMH Date Filed 05/23/23 Entry Number 13 Page 2 of 2 of the record in order to accept the recommendation.” Diamond v. Colonial Life & Acc. Ins. Co., 416 F.3d 310, 315 (4th Cir. 2005). After a thorough review of the Report and Recommendation and the record in this case, the court adopts Magistrate Judge Baker’s Report and Recommendation and incorporates it herein. It is therefore ORDERED that the Clerk of Court shall substitute “Warden, USP Florence ADMAX as the respondent to this case and transfer this petition to the United States District Court for the District of Colorado. IT IS SO ORDERED. s/Henry M. Herlong, Jr. Senior United States District Judge Greenville, South Carolina May 23, 2023 2
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