Filed: Jun. 04, 2013
Latest Update: Jun. 04, 2013
Summary: ORDER JOSEPH F. ANDERSON, Jr., District Judge. The pro se petitioner, George W. Fickens, brings this action pursuant to 28 U.S.C. 2254 challenging his state court conviction. The respondent has filed a motion for summary judgment and the petitioner has responded with his own motion to dismiss. The Magistrate Judge assigned to this action 1 has prepared a Report and Recommendation wherein she opines that the court should dismiss this action under Rule 41(a) of the Federal Rules of Civil P
Summary: ORDER JOSEPH F. ANDERSON, Jr., District Judge. The pro se petitioner, George W. Fickens, brings this action pursuant to 28 U.S.C. 2254 challenging his state court conviction. The respondent has filed a motion for summary judgment and the petitioner has responded with his own motion to dismiss. The Magistrate Judge assigned to this action 1 has prepared a Report and Recommendation wherein she opines that the court should dismiss this action under Rule 41(a) of the Federal Rules of Civil Pr..
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ORDER
JOSEPH F. ANDERSON, Jr., District Judge.
The pro se petitioner, George W. Fickens, brings this action pursuant to 28 U.S.C. § 2254 challenging his state court conviction. The respondent has filed a motion for summary judgment and the petitioner has responded with his own motion to dismiss.
The Magistrate Judge assigned to this action1 has prepared a Report and Recommendation wherein she opines that the court should dismiss this action under Rule 41(a) of the Federal Rules of Civil Procedure. The Report sets forth in detail the relevant facts and standards of law on this matter, and the court incorporates such without a recitation.
The parties were advised of their right to file objections to the Report and Recommendation, which was entered on the docket on May 14, 2013, however neither party has filed objections. In the absence of specific objections to the Report 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).
After a careful review of the record, the applicable law, and the Report and Recommendation, the court finds the Magistrate Judge's recommendation proper and incorporated herein by reference. Accordingly, petitioner's motion to dismiss (ECF No. 26) is granted and this action is dismissed pursuant to Fed. R. Civ. P. Rule 41(a)(2). Respondent's motion for summary judgment (ECF No. 14) is dismissed.
IT IS FURTHER ORDERED that a certificate of appealability is denied because the petitioner has failed to make "a substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2).2
IT IS SO ORDERED.