Beverly Allen Baker v. Warden

Summary

The United States District Court for the Southern District of West Virginia adopted a magistrate judge’s findings and recommendation and dismissed Beverly Allen Baker’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 remove the matter from the active docket.

Holdings

1. The parties' failure to file timely objections waived their right to de novo review, and the district court adopted the magistrate judge's Findings and Recommendation.
2. The court dismissed the petition for a writ of habeas corpus under 28 U.S.C. § 2241 and directed the Clerk to remove the case from the active docket.
3. A certificate of appealability was denied because the governing standard was not satisfied.

Questions Presented

1. Whether the district court should adopt the magistrate judge's Findings and Recommendation and dismiss the § 2241 habeas petition when no party filed objections.
2. Whether to issue a certificate of appealability.

Disposition

dismissed