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Webb v. Hamidullah

United States District Court, D. South Carolina, Rock Hill Division
Jul 11, 2006
Civil Action No. 0:06-422-HFF-BM (D.S.C. Jul. 11, 2006)

Summary

finding that IFRP is not an improper delegation of a judicial function because IFRP merely provides an inmate with a vehicle for ensuring that payment is made

Summary of this case from Mallard v. Collins

Opinion

Civil Action No. 0:06-422-HFF-BM.

July 11, 2006


ORDER ADOPTING THE REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE AND DISMISSING PETITIONER'S HABEAS CORPUS PETITION WITHOUT PREJUDICE AND WITHOUT REQUIRING RESPONDENTS TO FILE AN ANSWER


This case was filed as a habeas corpus action pursuant to 28 U.S.C. § 2241. Petitioner is proceeding pro se. The matter is before the Court for review of the Report and Recommendation (Report) of the United States Magistrate Judge suggesting that the Court dismiss Petitioner's Section 2241 petition without prejudice and without requiring Respondents to file an answer. The Report is made in accordance with 28 U.S.C. § 636, and Local 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 the Court. 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 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. 28 U.S.C. § 636(b)(1).

The Magistrate Judge filed the Report on June 20, 2006. Petitioner failed to file any objections to the Report. In the absence of objections, the Court is not required to give any explanation for adopting the recommendation. Camby v. Davis, 718 F.2d 198, 199 (4th Cir. 1983). Moreover, a failure to object waives appellate review. Wright v. Collins, 766 F.2d 841, 845-46 (4th Cir. 1985).

After a thorough review of the Report and the record in this case pursuant to the standard set forth above, the Court adopts the Report and incorporates it herein. Therefore, it is the judgment of this Court that Petitioner's petition is hereby DISMISSED without prejudice and without requiring Respondents to file an answer. .

IT IS SO ORDERED.


Summaries of

Webb v. Hamidullah

United States District Court, D. South Carolina, Rock Hill Division
Jul 11, 2006
Civil Action No. 0:06-422-HFF-BM (D.S.C. Jul. 11, 2006)

finding that IFRP is not an improper delegation of a judicial function because IFRP merely provides an inmate with a vehicle for ensuring that payment is made

Summary of this case from Mallard v. Collins

In Webb, after reviewing a petitioner's allegations that participation in an IFRP program violated Miller, the court ruled that such a program only "provides Petitioner a means to comply with the court directive and statutory requirement."

Summary of this case from Summersett v. Baucknecht
Case details for

Webb v. Hamidullah

Case Details

Full title:WILLIAM EUGENE WEBB, Petitioner, v. MATTHEW B. HAMIDULLAH, Warden; STEVE…

Court:United States District Court, D. South Carolina, Rock Hill Division

Date published: Jul 11, 2006

Citations

Civil Action No. 0:06-422-HFF-BM (D.S.C. Jul. 11, 2006)

Citing Cases

Summersett v. Baucknecht

This court recently decided a case on nearly identical facts. See Webb v. Hamidullah, 2006 WL 1946441…

Satcher v. Saad

That is not the situation in this case. Once again payment was due immediately in Webb v, Hamidullah, Civ.…