Ryan Christopher Fultz v. Warden Heckard

Summary

The United States District Court for the Southern District of West Virginia adopts a magistrate judge’s proposed findings and recommendation concerning Ryan Christopher Fultz’s petition for habeas corpus under 28 U.S.C. § 2241. Because no objections were filed, the court dismisses the petition and civil action without prejudice for lack of jurisdiction and directs the Clerk to remove the matter from the active docket.

Holdings

1. When no timely objections are filed to a magistrate judge's proposed findings and recommendation, the district court is not required to conduct de novo or other review of the unobjected-to factual or legal conclusions, and the failure constitutes a waiver of de novo review and the right to appeal the district court's order.
2. The § 2241 petition and the civil action were dismissed without prejudice for lack of jurisdiction.

Questions Presented

1. Whether the district court could adopt the magistrate judge's PF&R without de novo review when the petitioner filed no objections.
2. Whether the petition and civil action should be dismissed without prejudice for lack of jurisdiction.

Disposition

dismissed