Donald H. Dampier, Jr. v. Warden Rokosky

Summary

The United States District Court for the Southern District of West Virginia adopted a magistrate judge’s Findings and Recommendation after the parties filed no objections. The court dismissed Donald H. Dampier, Jr.’s 28 U.S.C. § 2241 habeas petition, removed the matter from the active docket, and denied a certificate of appealability.

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.
2. The court adopted the magistrate judge's findings and recommendation and dismissed the plaintiff's petition for a writ of habeas corpus under § 2241.
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 when neither party filed timely objections.
2. Whether the plaintiff's § 2241 habeas petition should be dismissed and removed from the court's active docket.
3. Whether to grant a certificate of appealability.

Disposition

dismissed