Summary
This Memorandum Opinion and Order from the U.S. District Court for the Southern District of West Virginia adopts a Magistrate Judge’s Findings and Recommendation to grant the defendant’s motion to dismiss and deny the plaintiff’s petition under 28 U.S.C. § 2241. After the parties failed to file timely objections, the court dismissed the civil action and directed the clerk to remove it from the active docket. The court also evaluated the request for a certificate of appealability under 28 U.S.C. § 2253(c) and denied it, finding no substantial showing of the denial of a constitutional right.
Topics
Practice areas
Questions Presented
- Whether the district court should grant defendant's motion to dismiss the habeas petition.
- Whether the district court should deny plaintiff's petition under 28 U.S.C. §2241.
- Whether the district court should grant a certificate of appealability.
Holdings
- The court granted defendant's motion to dismiss the petition.
- The court denied plaintiff's petition under 28 U.S.C. §2241.
- The court denied a certificate of appealability.
Key quotations
“The failure of any party to file such objections constitutes a waiver of such party's right to a de novo review by this court.” (-)
“The court concludes that the governing standard is not satisfied in this instance.” (-)
Factual background
Plaintiff filed a petition for writ of habeas corpus against Warden, FPC Alderson. Defendant moved to dismiss the petition. The magistrate recommended dismissal and denial of the petition. Neither party filed objections within the statutory period.
Procedural history
Magistrate Judge Dwane L. Tinsley recommended granting defendant's motion to dismiss and denying plaintiff's petition; parties failed to object, waiving de novo review; district court adopted the recommendation.