Terence Barnwell v. Mr. W. Holzapfel

Summary

The United States District Court for the Southern District of West Virginia dismisses Terence Barnwell’s petition for a writ of habeas corpus under 28 U.S.C. § 2241 as moot. The court adopts the magistrate judge’s proposed findings and recommendation because no timely objections were filed, noting that Barnwell had been released from custody and had not updated his address.

Holdings

1. The district court was not required to conduct de novo or other review of the factual or legal conclusions in the magistrate judge's recommendation because Barnwell filed no timely objections.
2. The court adopted the magistrate judge's recommendation and dismissed Barnwell's § 2241 petition as moot, thereby dismissing the action.

Questions Presented

1. Whether the district court was required to conduct de novo review of the magistrate judge's proposed findings and recommendation when Barnwell filed no objections.
2. Whether the § 2241 habeas petition and action should be dismissed as moot.

Disposition

dismissed