IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA AIKEN DIVISION

Zebadiah J. Comb, ) ) Petitioner, ) ) Civil Action No. 1:19-cv-03302-TMC v. ) ) ORDER J. Hutchinson, ) ) Respondent. )

Petitioner Zebadiah J. Comb, a federal prisoner proceeding pro se and in forma pauperis, 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 dismiss the petition without prejudice and without requiring Respondent to file a return. (ECF No. 6). Petitioner was advised of his right to object to the Report. (ECF No. 6-1). However, Petitioner filed no objections, and the time to do so has now run. The Report has no presumptive weight and the responsibility to make a final determination in this matter remains with this court. See Mathews v. Weber,

, 270–71 (1976). In the absence of objections, this court is not required to provide an explanation for adopting the Report. 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 & Accident Ins. Co.,

(4th Cir. 2005) (quoting Fed. R. Civ. P. 72 advisory committee’s note). After a careful and thorough review of the record under the appropriate standards, as set forth above, the court adopts the Report (ECF No. 6), which is incorporated herein by reference. Accordingly, this case is DISMISSED without prejudice and without requiring Respondent to file a return. IT IS SO ORDERED.

s/Timothy M. Cain United States District Judge

Anderson, South Carolina January 2, 2020