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

William V. Long, ) Case No. 4:23-cv-00448-DCC ) Petitioner, ) ) v. ) ORDER ) Warden Jackson, ) ) Respondent. ) ________________________________ )

Petitioner, proceeding pro se, is seeking habeas corpus relief pursuant to

. In accordance with

(b) and Local Civil Rule 73.02(B)(2), (D.S.C.), this matter was referred to United States Magistrate Judge Thomas E. Rogers, III, for pre-trial proceedings and a Report and Recommendation (“Report”). On March 1, 2023, the Magistrate Judge issued a Report recommending that the Petition be dismissed without prejudice and without requiring Respondent to file a return. ECF No. 12. The Magistrate Judge advised Petitioner of the procedures and requirements for filing objections to the Report and the serious consequences if he failed to do so. Petitioner filed a letter in response to the Report. ECF No. 16. APPLICABLE LAW The Magistrate Judge makes only a recommendation to this Court. The recommendation has no presumptive weight, and the responsibility to make a final determination remains with the Court. See Mathews v. Weber,

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

(b).

The Court will review the Report only for clear error in the absence of an objection. See Diamond v. Colonial Life & Accident Ins. Co.,

(4th Cir. 2005) (stating that “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” (citation omitted)).

ANALYSIS The Magistrate Judge recommends summary dismissal of the instant Petition because it is a successive and unauthorized § 2254 action. In his letter Petitioner does not dispute the recommendation of the Magistrate Judge. Nevertheless, out of an abundance of caution for a pro se Petitioner and in light of the fact that Petitioner has filed a document in response to the Report, the undersigned has conducted a de novo review

of the record, the Report, and the applicable law. Upon such review, the Court finds that Petitioner's instant Petition is uncontrovertibly successive under § 2244(b), given that it was filed after the Court ruled on his first § 2254 action. Therefore, Petitioner was required to obtain leave from the United States Court of Appeals for the Fourth Circuit prior to filing this action. § 2244(b)(3)(A). Because Petitioner failed to obtain authorization from the

Fourth Circuit before filing this action, this Court lacks jurisdiction to consider his Petition. See United States v. Winestock,

, 205–06 (4th Cir. 2003). Therefore, after considering the record in this case, the applicable law, and the Report of the Magistrate Judge, the Court agrees with the Report’s recommendation. The Petition is DISMISSED without prejudice to Petitioner’s right to seek authorization from

the Fourth Circuit Court of Appeals to file a successive petition, and without requiring Respondent to file an answer or return. CERTIFICATE OF APPEALABILITY “The district court must issue or deny a certificate of appealability when it enters a final order adverse to the applicant.” Rule 11(a) of the Rules Governing Section 2254

Cases. A certificate of appealability will not issue absent “a substantial showing of the denial of a constitutional right.”

(c)(2). When the district court denies relief on the merits, a petitioner satisfies this standard by demonstrating that reasonable jurists would find that the court’s assessment of the constitutional claims is debatable or wrong. Slack v. McDaniel,

(2000); see Miller-El v. Cockrell,

, 336–38 (2003). When the district court denies relief on procedural grounds, the

prisoner must demonstrate both that the dispositive procedural ruling is debatable, and that the petition states a debatable claim of the denial of a constitutional right. Slack, 529 U.S. at 484–85. In this case, the Court concludes that Petitioner has failed to make the requisite showing of “the denial of a constitutional right.” IT IS SO ORDERED.

s/ Donald C. Coggins, Jr. United States District Judge June 6, 2023 Spartanburg, South Carolina