Jay’len D. Bell, et al. v. John B. McCuskey

Summary

The United States District Court for the Southern District of West Virginia adopts a magistrate judge’s Proposed Findings and Recommendation and dismisses without prejudice a petition for writ of habeas corpus. The court treats the plaintiff’s supplemental filing as a general objection, finds that it does not warrant de novo review, and directs that the civil action be removed from the docket.

Holdings

1. A general objection that does not identify specific portions of the proposed findings and recommendation or the alleged errors does not satisfy 28 U.S.C. § 636(b)(1)(C) or Federal Rule of Civil Procedure 72(b), and therefore does not require de novo review.
2. The petition for a writ of habeas corpus and the civil action were dismissed without prejudice.

Questions Presented

1. Whether the petitioner’s general objection to the magistrate judge’s proposed findings and recommendation required de novo review under 28 U.S.C. § 636(b)(1)(C) and Federal Rule of Civil Procedure 72(b)(3).
2. Whether the petition for a writ of habeas corpus and the civil action should be dismissed without prejudice.

Disposition

dismissed