Jeffrey Rahim Colberth v. Warden at Lieber Correctional Institution

Summary

The United States District Court for the District of South Carolina adopts the Magistrate Judge’s report and recommendation and dismisses Jeffrey Rahim Colberth’s 28 U.S.C. § 2254 habeas petition without prejudice as successive and unauthorized by the Fourth Circuit. The court also denies a certificate of appealability.

Holdings

1. Because Petitioner filed no specific objections, the district court was not required to conduct de novo review of particular portions of the report or explain its adoption of the recommendation.
2. A successive petition for habeas relief under 28 U.S.C. § 2254 is subject to dismissal when the petitioner has not obtained an order from the appropriate court of appeals authorizing the district court to consider it.
3. A certificate of appealability should be denied because Petitioner failed to make a substantial showing of the denial of a constitutional right.

Questions Presented

1. Whether the district court should adopt the magistrate judge's recommendation when Petitioner filed no objections.
2. Whether the § 2254 petition should be dismissed as an unauthorized successive petition.
3. Whether Petitioner was entitled to a certificate of appealability.

Disposition

dismissed