Ruben Rodriguez v. Warden Rokosky

Summary

The United States District Court for the Southern District of West Virginia adopted a magistrate judge’s recommendation and dismissed Ruben Rodriguez’s petition for a writ of habeas corpus under 28 U.S.C. § 2241. The court also denied a certificate of appealability and directed the Clerk to close the case.

Holdings

1. A party that fails to file timely objections to a magistrate judge's findings and recommendation waives the right to de novo review by the district court.
2. The court adopted the magistrate judge's findings and recommendation and dismissed Rodriguez's petition for a writ of habeas corpus under 28 U.S.C. § 2241.
3. A certificate of appealability should not issue because Rodriguez did not make the required substantial showing of the denial of a constitutional right.

Questions Presented

1. Whether the district court should adopt the magistrate judge's findings and recommendation when the parties filed no timely objections.
2. Whether the § 2241 habeas petition should be dismissed and removed from the court's active docket.
3. Whether to issue a certificate of appealability.

Disposition

dismissed