FOR THE DISTRICT OF SOUTH CAROLINA ANDERSON/GREENWOOD DIVISION Kenneth Dewayne McGaha, ) No. 8:19-cv-2029-TMC ) Petitioner, ) ) ORDER v. ) ) Warden PFC Edgefield, ) ) Respondent. ) Petitioner Kenneth Dewayne McGaha, a federal prisoner proceeding pro se, filed a petition seeking habeas relief pursuant to

. (ECF No. 1). In accordance with

(b)(1) and Local Civil Rule 73.02, D.S.C., this matter was referred to a magistrate judge for pretrial handling. Before the court is the magistrate judge’s Report and Recommendation (“Report”), recommending that the court summarily dismiss without prejudice the petition for lack of jurisdiction and without requiring Respondent to file an answer or return. (ECF No. 8 at 5). Petitioner was advised of his right to file objections.

at 18 However, Petitioner did not file any objections, and the time to do so has now run. The Report has no presumptive weight and the responsibility to make a final determination remains with this court. See Mathews v. Weber,

(1976). In the absence of objections to the Report, this court is not required to provide an explanation for adopting the recommendation. See Camby v. Davis,

(4th Cir. 1983). Rather, “in the absence of a timely filed objection, a district court need not conduct a de novo review, but instead must only satisfy itself that there is no clear error on the face of the record in order to accept the recommendation.” Diamond v. Colonial Life & Acc. Ins. Co.,

(4th Cir. 2005) (quoting Fed. R. Civ. P. 72 advisory committee’s note). No. 8). Therefore, this action is DISMISSED without prejudice.

IT IS SO ORDERED. s/Timothy M. Cain United States District Judge August 26, 2019 Anderson, South Carolina

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