Robert Lee Chew v. Chadwick Dotson

Summary

The United States District Court for the Eastern District of Virginia adopted an unopposed report and recommendation concerning Robert Lee Chew's 28 U.S.C. § 2254 habeas petition. The court granted the respondent's motion to dismiss, denied and dismissed the petition with prejudice, and denied a certificate of appealability.

Holdings

1. When no specific written objection is filed, the district court may adopt a magistrate judge's recommendation without de novo review unless the recommendation is clearly erroneous or contrary to law.
2. The respondent's motion to dismiss was granted, and Chew's petition for a writ of habeas corpus was denied and dismissed with prejudice.
3. A certificate of appealability was denied because the basis for dismissal was not debatable and Chew had not made a substantial showing of the denial of a constitutional right.

Questions Presented

1. Whether the district court could adopt the magistrate judge's report and recommendation without de novo review when neither party filed a timely objection.
2. Whether the respondent's motion to dismiss should be granted and Chew's § 2254 petition denied and dismissed with prejudice.
3. Whether Chew was entitled to a certificate of appealability.

Disposition

dismissed