Elawyers Elawyers
Washington| Change

Thompson v. Andrews, 5:17-HC-2143-D. (2019)

Court: District Court, E.D. North Carolina Number: infdco20190806b99 Visitors: 22
Filed: Aug. 05, 2019
Latest Update: Aug. 05, 2019
Summary: ORDER JAMES C. DEVER, III , District Judge . On May 24, 2019, Magistrate Judge Numbers issued a Memorandum and Recommendation ("M&R") [D.E. 21] and recommended that the court grant respondent's motion for summary judgment [D.E. 14] and dismiss Marcus Thompson's ("Thompson" or "petitioner'') petition for a writ of habeas corpus under 28 U.S.C. 2241 [D.E. 1]. Thompson did not object to the M&R. "The Federal Magistrates Act requires a district court to make a de novo determination of those
More

ORDER

On May 24, 2019, Magistrate Judge Numbers issued a Memorandum and Recommendation ("M&R") [D.E. 21] and recommended that the court grant respondent's motion for summary judgment [D.E. 14] and dismiss Marcus Thompson's ("Thompson" or "petitioner'') petition for a writ of habeas corpus under 28 U.S.C. § 2241 [D.E. 1]. Thompson did not object to the M&R.

"The Federal Magistrates Act requires a district court to make a de novo determination of those portions of the magistrate judge's report or specified proposed findings or recommendations to which objection is made." Diamond v. Colonial Life & Accident Ins. Co., 416 F.3d 310, 315 (4th Cir. 2005) (emphasis, alteration, and quotation omitted); see 28 U.S.C. § 636(b). Absent a timely objection, "a district court need not conduct a de novo review, but instead must only satisfy itself that there is no clear error on the face of the record in order to accept the recommendation." Diamond, 416 F.3d at 315 (quotation omitted).

The court has reviewed the M&R and the record. The court is satisfied that there is no clear error on the face of the record. Accordingly, the court adopts the conclusions in the M&R [D.E. 21].

In sum, the court ADOPTS the conclusions in the M&R [D.E. 21], GRANTS respondent's motion for summary judgment [D.E. 14], and DISMISSES Thompson's petition for a writ of habeas corpus under 28 U.S.C. § 2241 [D.E. 1]. The clerk shall close the case.

SO ORDERED.

Source:  Leagle

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer