PATRICK DUFFY, District Judge.
This matter is before the Court upon Petitioner's Motion for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241.
BACKGROUND
A December 4, 1991, indictment charged Petitioner with conspiracy to possess with intent to distribute cocaine and cocaine base ("crack"), in violation of 21 U.S.C. § 846. A jury convicted Petitioner on October 2, 1992. The Honorable Dennis W. Shedd, United States District Judge for the District of South Carolina, sentenced Petitioner to a term of three hundred and forty-eight (348) months on April 20, 1993. Petitioner filed a direct appeal of his convictions, which were sustained by the Fourth Circuit Court of Appeals on June 14, 1994. The United States Supreme Court denied certiorari. On February 12, 1998, Petitioner filed a "Motion for Leave to File an Out of Time Motion" pursuant to 28 U.S.C. § 2255. This motion was denied on February 25, 1998, by the Honorable C. Weston Houck, then Chief United States District Judge for the District of South Carolina. The Fourth Circuit affirmed that decision on appeal.
Petitioner further avers that, [o]n November 30, 2000, Petitioner filed a Motion Pursuant to title 28 U.S.C. § 2244 (b)(3) with the Fourth Circuit seeking an order authorizing the United States District Court to consider a second or successive application for relief. The Fourth Circuit denied the motion on December 29, 2000. (Mem. Supp. Pet. for a Writ of Habeas Corpus Pursuant to Title United States Code Section 2241 [hereafter "Mem."] at 8). On June 19, 2001, Petitioner filed the instant petition pursuant to 28 U.S.C. § 2241.
DISCUSSION
The Magistrate makes only a recommendation to this Court. The recommendation has no presumptive weight, and the responsibility for making a final determination remains with the Court. Mathews v. Weber, 423 U.S. 261, 269 (1976). The Court reviews de novo those portions of the Report to which a specific objection is made, and the Court may accept, reject, or modify. in whole or in part, the recommendation of the Magistrate, or recommit the matter to him with instructions. 28 U.S.C. § 636 (b)(1).
The Report sets forth in detail the relevant facts involved in this case, and the Court incorporates those facts as described in the Report without a recitation.
After a de novo review of the entire record, the Report, and Petitioner's objections, the Court finds that the Magistrate fairly and accurately summarized the facts and applied the correct principles of law and that Petitioner's objections are without merit. Petitioner's objections are reiterations of arguments properly considered and addressed by the Magistrate's Report. Therefore. the Magistrate's Report is adopted in whole by specific reference as the Order of this Court.
It is, therefore,
ORDERED, Petitioner's Motion pursuant to 28 U.S.C. § 2241 is hereby DISMISSED.
AND IT IS SO ORDERED.
NOTICE OF RIGHT TO APPEAL
Petitioner is hereby notified that he has the right to appeal this order within (30) days from the date hereof, pursuant to Fed.R.App.P. 3- 4.