Ss Syne /S He Corse” IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA AIKEN DIVISION WILLIE BELL, JR., § Petitioner, § § VS. § § Civil Action No. 1:19-02270-MGL § LEVERN COHEN, Warden Ridgeland § Correctional Institution, § Respondent. § § ORDER ADOPTING THE REPORT AND RECOMMENDATION AND GRANTING RESPONDENT’S MOTION FOR SUMMARY JUDGMENT Petitioner Willie Bell, Jr. (Bell), proceeding pro se, filed this action asserting a habeas corpus claim under

. This matter is before the Court for review of the Report and Recommendation (Report) of the United States Magistrate Judge suggesting Respondent Levern Cohen’s (Cohen) motion for summary judgment be granted and the petition be dismissed with prejudice. 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 May 5, 2020. To date, Bell has not filed 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.,

(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 Cohen’s motion for summary judgment is GRANTED and Bell’s petition is DISMISSED WITH PREJUDICE. To the extent Bell moves for a certificate of appealability, that request is DENIED.

IT IS SO ORDERED. Signed this 26th day of May 2020 in Columbia, South Carolina. s/ Mary Geiger Lewis MARY GEIGER LEWIS UNITED STATES DISTRICT JUDGE

***** NOTICE OF RIGHT TO APPEAL

The parties are hereby notified of the right to appeal this Order within thirty days from the date hereof, pursuant to Rules 3 and 4 of the Federal Rules of Appellate Procedure.