Jerry Rowell, Jr. v. Warden Rokosky

Summary

The United States District Court for the Southern District of West Virginia adopts the magistrate judge’s findings and recommendation recommending dismissal of Jerry Rowell, Jr.’s 28 U.S.C. § 2241 habeas petition. The court grants the defendant’s motion to dismiss, removes the case from the active docket, and denies a certificate of appealability.

Holdings

1. A party's failure to file timely objections waives that party's right to de novo review by the district court.
2. The court adopted the magistrate judge's Findings and Recommendation and granted the respondent's motion to dismiss the petition for a writ of habeas corpus under 28 U.S.C. § 2241.
3. A certificate of appealability should be denied when the petitioner has not made a substantial showing of the denial of a constitutional right, including because reasonable jurists would not debate the court's assessment of the claims or its dispositive procedural ruling.

Questions Presented

1. Whether the district court should adopt the magistrate judge's Findings and Recommendation and grant the respondent's motion to dismiss the § 2241 habeas petition.
2. Whether to issue a certificate of appealability under 28 U.S.C. § 2253(c).

Disposition

dismissed