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

Mario Anton Lee, Civil Action No. 5:23-3423-CMC

Petitioner, vs. ORDER

Warden Joseph,

Respondent.

This matter is before the court on Petitioner’s pro se petition for writ of habeas corpus filed in this court pursuant to

. ECF No. 1. In accordance with

(b) and Local Civil Rule 73.02 (B)(2)(c), DSC, this matter was referred to United States Magistrate Judge Kaymani D. West for pre-trial proceedings and a Report and Recommendation (“Report”). On July 23, 2024, the Magistrate Judge issued a Report recommending Petitioner’s motion to transfer be granted and the Petition be transferred to the Northern District of Alabama. ECF No. 40. The Magistrate Judge advised the parties of the procedures and requirements for filing objections to the Report and the serious consequences if they failed to do so. The court has received no objections and the time for filing them has expired. 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 reviews 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).

After reviewing the record of this matter, the applicable law, and the Report and Recommendation of the Magistrate Judge, the court agrees with the conclusions of the Magistrate Judge. Accordingly, the court adopts and incorporates the Report and Recommendation by reference in this Order and orders this matter be transferred to the Northern District of Alabama. Petitioner’s motion to transfer (ECF No. 26) is granted. Respondent’s Motion to Dismiss, or in the alternative for Summary Judgment (ECF No. 19) and Petitioner’s Motion for Mediation (ECF No. 36) are dismissed as moot. IT IS SO ORDERED. s/Cameron McGowan Currie CAMERON MCGOWAN CURRIE Senior United States District Judge Columbia, South Carolina August 13, 2024

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