Amber Rewis Bruey v. Warden Cutwright

Summary

The United States District Court for the Southern District of West Virginia adopted a magistrate judge’s findings and recommendation and dismissed Amber Rewis Bruey’s 28 U.S.C. § 2241 habeas petition as moot. The court also denied a certificate of appealability and directed the Clerk to remove the case from the active docket.

Holdings

1. Because the parties filed no objections within the seventeen-day period, they waived their right to de novo review of the Findings and Recommendation.
2. The petition for a writ of habeas corpus under 28 U.S.C. § 2241 was dismissed as moot.
3. A certificate of appealability was denied because plaintiff did not satisfy the applicable substantial-showing standard.

Questions Presented

1. Whether the court should adopt the magistrate judge's recommendation and dismiss the § 2241 habeas petition as moot.
2. Whether plaintiff was entitled to a certificate of appealability.

Disposition

dismissed