Rex O. Groomes v. Dir. Harvey

Summary

The United States District Court for the District of South Carolina adopted a magistrate judge’s report and recommendation and summarily dismissed Rex O. Groomes’s 28 U.S.C. § 2241 habeas petition without prejudice for failure to prosecute. The court denied a request for a certificate of appealability and notified Groomes of his right to appeal.

Holdings

1. When no timely objection is filed, the district court need not conduct de novo review and may accept the recommendation after determining that no clear error appears on the face of the record.
2. The petition was properly summarily dismissed without prejudice for failure to prosecute.
3. Any request by Groomes for a certificate of appealability was denied.

Questions Presented

1. Whether the district court should adopt the magistrate judge's report and recommendation when the petitioner filed no timely objections.
2. Whether the petition should be summarily dismissed without prejudice for failure to prosecute.
3. Whether a certificate of appealability should be issued.

Disposition

dismissed