Summary
The United States District Court for the District of South Carolina adopts a Magistrate Judge’s Report and Recommendation and grants the Respondent’s motion for summary judgment. The court denies Steve Jenkins’s habeas petition under 28 U.S.C. § 2241, which sought restoration of good-time credit revoked following a prison disciplinary proceeding. The court also denies a certificate of appealability.
Holdings
- A district court must conduct de novo review of the specific portions of a magistrate judge's Report and Recommendation to which a specific written objection is made, while unobjected-to portions and portions subject only to general or conclusory objections are reviewed for clear error.
- Jenkins was not entitled to habeas relief because undisputed evidence showed that his good-time credit was revoked after a fair adjudication of his disciplinary action.
- A certificate of appealability was denied because Jenkins failed to make a substantial showing of the denial of a constitutional right.
Questions Presented
- Whether the district court properly reviewed and adopted the magistrate judge's Report and Recommendation in light of Jenkins's objections.
- Whether Jenkins was entitled to habeas relief restoring good-time credit revoked after a prison disciplinary proceeding.
- Whether Jenkins's assertion that prison staff failed to comply with a daily-mail-collection requirement justified or excused his disciplinary infraction.
- Whether Jenkins was entitled to a certificate of appealability.
Disposition
other
Cases Cited (13)
- Mathews v. Weber, 423 U.S. 261 (1976)(followed)
- Carniewski v. West Virginia Board of Probation & Parole, 974 F.2d 1330 (4th Cir. 1992)(followed)
- Camby v. Davis, 718 F.2d 198, 199 (4th Cir. 1983)(followed)
- Diamond v. Colonial Life & Accident Insurance Co., 416 F.3d 310, 315-16 (4th Cir. 2005)(followed)
- Dunlap v. TM Trucking of the Carolinas, LLC, No. 0:15-cv-04009-JMC, 2017 WL 6345402, at *5 n.6 (D.S.C. Dec. 12, 2017)(followed)
- One Parcel of Real Property Known as 2121 E. 30th St., 73 F.3d 1057, 1059 (10th Cir. 1996)(followed)
- Workman v. Perry, No. 6:17-cv-00765-RBH, 2017 WL 4791150, at *1 (D.S.C. Oct. 23, 2017)(followed)
- Orpiano v. Johnson, 687 F.2d 44, 47 (4th Cir. 1982)(followed)
- Staley v. Norton, No. 9:07-0288-PMD, 2007 WL 821181, at *1 (D.S.C. Mar. 2, 2007)(followed)
- Howard v. Secretary of Health and Human Services, 932 F.2d 505, 509 (6th Cir. 1991)(followed)
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Cited In (0)
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Court Document
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