EE oR a) 6, A * ae iG x HS Rorsp IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA FLORENCE DIVISION STEPHANIE I. GREENE, § Petitioner, § § vs. § CIVIL ACTION NO. 4:19-3365-MGL-TER WARDEN PATRICIA YELDELL, § Respondent. § ORDER ADOPTING THE REPORT AND RECOMMENDATION AND DISMISSING THE PETITION WITHOUT PREJUDICE AND WITHOUT REQUIRING RESPONDENT TO FILE A RETURN This case was filed as a

action. Petitioner Stephanie I. Greene (Greene) is represented by excellent counsel. The matter is before the Court for review of the Report and Recommendation (Report) of the United States Magistrate Judge suggesting the petition be dismissed without prejudice and without requiring Respondent Warden Patricia Yeldell (Yeldell) to file a return. The Report was made in accordance with

and Local Civil Rule 73.02 for the District of South Carolina. The Magistrate Judge makes only a recommendation to this Court. The recommendation has no presumptive weight. The responsibility to make a final determination remains with the Court. Mathews v. Weber,

(1976). The Court is charged with making a de novo determination of those portions of the Report to which specific objection is made, and the Court may accept, reject, or modify, in whole or in part, the recommendation of the Magistrate Judge or recommit the matter with instructions.

(b)(1).

The Magistrate Judge filed the Report on January 2, 2020, Greene filed a motion to stay on January 3, 2020, and a reply stating she “requests that the Court adopt the Report and Recommendation and dismiss the habeas case without prejudice.” Greene’s Reply at 2. As such, she failed to file any objections to the Report.

“[I]n 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., 416 F.3d310, 315 (4th Cir. 2005) (quoting Fed. R. Civ. P. 72 advisory committee's note). Moreover, a failure to object waives appellate review. Wright v. Collins,

(4th Cir. 1985). After a thorough review of the Report and the record in this case pursuant to the standard set forth above, the Court adopts the Report and incorporates it herein. Therefore, it is the judgment of the Court the petition is DISMISSED WITHOUT PREJUDICE and without requiring Yeldell

to file a return. IT IS SO ORDERED. Signed this 27th day of February, 2020, in Columbia, South Carolina. s/ Mary Geiger Lewis MARY GEIGER LEWIS UNITED STATES DISTRICT JUDGE

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