Washburn v. Barnwell County General Sessions

Opinion

EE oR a) 6, A * ae iG x HS Rorsp IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA AIKEN DIVISION JOSHUA D. WASHBURN, § Petitioner, § § vs. § CIVIL ACTION NO.1:25-2773-MGL § BARNWELL COUNTY GENERAL § SESSIONS and BARNWELL COUNTY § SHERIFF’S DEPARTMENT, § Respondents. § ORDER ADOPTING THE REPORT AND RECOMMENDATION AND DISMISSING THE ACTION WITH PREJUDICE, WITHOUT LEAVE TO AMEND Petitioner Joshua D. Washburn (Washburn) filed this 28 U.S.C. § 2241 petition against Respondents Barnwell County General Sessions and Barnwell County Sheriff's Department. Washburn is representing himself. The matter is before the Court for review of the Report and Recommendation (Report) of the United States Magistrate Judge suggesting to the Court this action be dismissed with prejudice, without leave to amend. The Report was made in accordance with 28 U.S.C.§ 636 and Local Civil Rule 73.02 for the District of South Carolina. The Magistrate Judge makes only arecommendation 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 April 30, 2025, but Washburn failed to file any objections. “[I]n the absence of a timely filed 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 v. Colonial Life & Acc. Ins. Co., 416 F.3d 310, 315 (4th Cir. 2005) (quoting Fed. R. Civ. P. 72 advisory committee’s note). 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. It is therefore the judgment of the Court this action is DISMISSED WITH PREJUDICE, without leave to amend. IT IS SO ORDERED.

Signed this 20th day of May, 2025, in Columbia, South Carolina. /s/ Mary Geiger Lewis MARY GEIGER LEWIS UNITED STATES DISTRICT JUDGE

***** NOTICE OF RIGHT TO APPEAL Washburn is hereby notified of the right to appeal this Order within thirty days from the date hereof, pursuant to Rules 3 and 4 of the Federal Rules of Appellate Procedure.