Tyrone Maurice McBride v. Scotty Bodiford

Summary

The United States District Court for the District of South Carolina adopts a magistrate judge's Report and Recommendation and summarily dismisses Tyrone Maurice McBride's 28 U.S.C. § 2241 habeas petition. The court dismisses the action with prejudice, not on the merits, based on failure to exhaust state remedies and abstention under Younger v. Harris. The court also denies a certificate of appealability.

Holdings

1. When a party files no timely objections to a magistrate judge's Report and Recommendation, the district court need only review the recommendation for clear error before accepting it.
2. The petition was summarily dismissed with prejudice, not on the merits, because petitioner failed to exhaust state remedies and Younger abstention required dismissal.
3. A certificate of appealability will not issue because petitioner failed to make the required 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 § 2241 petition should be summarily dismissed because petitioner failed to exhaust state court remedies and Younger abstention applies.
3. Whether petitioner was entitled to a certificate of appealability after the action was dismissed on procedural grounds.

Disposition

dismissed