Travis Scott McCall, Sr. v. Scotty Bodiford, GCDC

Summary

The United States District Court for the District of South Carolina adopted the Magistrate Judge’s Report and Recommendation and dismissed without prejudice a pro se state prisoner’s petition for a writ of habeas corpus under 28 U.S.C. § 2241. The court dismissed the action without requiring the respondent to file an answer or return and denied a certificate of appealability.

Holdings

1. When no timely objection is filed to a magistrate judge's Report and Recommendation, the district court need not conduct de novo review and instead reviews the recommendation for clear error on the face of the record.
2. The petition was dismissed without prejudice without requiring Respondent to file an answer or return.
3. A certificate of appealability should not issue because Petitioner did not meet the applicable standard requiring a substantial showing of the denial of a constitutional right.

Questions Presented

1. Whether the district court should review the magistrate judge's Report and Recommendation for clear error when the petitioner filed no objections.
2. Whether the petition should be dismissed without prejudice without requiring the respondent to file an answer or return.
3. Whether a certificate of appealability should issue.

Disposition

dismissed