Cline v. Bodison, No. 2:2008cv02124 - Document 35 (D.S.C. 2009)

Court Description: OPINION AND ORDER ADOPTING REPORT AND RECOMMENDATIONS of Magistrate Judge Robert S Carr and granting 19 Motion for Summary Judgment filed by McKiether Bodison. Signed by Honorable Henry M Herlong, Jr on 1/22/2009. (ssan, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA CHARLESTON DIVISION Michael J. Cline, #156213, a/k/a Michael James Cline, Petitioner, vs. McKiether Bodison, Respondent. ) ) ) ) ) ) ) ) ) ) C.A. No. 2:08-2124-HMH-RSC OPINION & ORDER This matter is before the court with the Report and Recommendation of United States Magistrate Judge Robert S. Carr made in accordance with 28 U.S.C. § 636(b) and Local Civil Rule 73.02 of the District of South Carolina.1 Michael J. Cline ( Cline ), proceeding pro se, filed the instant federal habeas corpus petition pursuant to 28 U.S.C. § 2254 on June 6, 2008. In response, Respondent, McKiether Bodison ( Bodison ), filed a motion for summary judgment on October 2, 2008. In his Report and Recommendation, Magistrate Judge Carr recommends granting Bodison s motion for summary judgment. For the reasons set forth below, the court adopts the magistrate judge s Report. Cline filed objections to the Report and Recommendation. Objections to the Report and Recommendation must be specific. Failure to file specific objections constitutes a waiver of a party s right to further judicial review, including appellate review, if the recommendation is 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) (2006). 1 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 Cline s objections are non-specific, unrelated to the dispositive portions of the magistrate judge s Report and Recommendation, or merely restate his claims. Therefore, after a thorough review of the magistrate judge s Report and the record in this case, the court adopts Magistrate Judge Carr s Report and Recommendation. It is therefore ORDERED that Bodison s motion for summary judgment, docket number 19, is granted. IT IS SO ORDERED. s/Henry M. Herlong, Jr. United States District Judge Greenville, South Carolina January 22, 2009 NOTICE OF RIGHT TO APPEAL The 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. 2

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