Jessica Pechtel v. Warden Cutright, FPC Alderson

Summary

The United States District Court for the Southern District of West Virginia adopted a magistrate judge’s Findings and Recommendation regarding Jessica Pechtel’s 28 U.S.C. § 2241 petition. The court denied the petition and fee application as moot, dismissed the action, removed it from the 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 by the district court.
2. The plaintiff's § 2241 petition and application to proceed without prepayment of fees and costs were denied as moot, and the civil action was dismissed.
3. A certificate of appealability should not issue because the governing standard was not satisfied.

Questions Presented

1. Whether the plaintiff's petition under 28 U.S.C. § 2241 and application to proceed without prepayment of fees and costs should be denied as moot and the action dismissed.
2. Whether a certificate of appealability should issue.

Disposition

dismissed