Randall Todd Smith v. M. V. Joseph, Warden

Summary

The United States District Court for the District of South Carolina adopted the magistrate judge’s Report and Recommendation and granted the respondent’s motion for summary judgment in a pro se prisoner’s 28 U.S.C. § 2241 habeas petition. The court concluded that the petitioner had not produced evidence showing that the Bureau of Prisons incorrectly calculated his sentence 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 must satisfy itself that there is no clear error on the face of the record before accepting the recommendation.
2. Summary judgment should be granted because Smith failed to produce evidence from which a factfinder could reasonably conclude that the Bureau of Prisons incorrectly calculated his sentence.
3. A certificate of appealability should not issue because Smith did not make the required substantial showing of the denial of a constitutional right.

Questions Presented

1. Whether the magistrate judge's recommendation to grant Respondent's motion for summary judgment contained clear error when neither party filed objections.
2. Whether Smith produced evidence sufficient to create a triable issue that the Bureau of Prisons incorrectly calculated his sentence.
3. Whether Smith was entitled to a certificate of appealability.

Disposition

other