Jose Luis Chacon-Saldana v. Warden, FCI McDowell

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 granted the defendant’s motion to dismiss, denied the petitioner’s 28 U.S.C. § 2241 habeas petition, dismissed the action with prejudice, denied a certificate of appealability, and directed removal of the case from the docket.

Holdings

1. The parties' failure to file timely objections waived their right to de novo review, permitting the district court to adopt the Findings and Recommendation.
2. The court adopted the Findings and Recommendation, granted the respondent's motion to dismiss, denied the § 2241 habeas petition, and dismissed the action with prejudice.
3. A certificate of appealability was denied because the petitioner did not satisfy the substantial-showing standard.

Questions Presented

1. Whether the district court should adopt the magistrate judge's Findings and Recommendation when the parties filed no objections.
2. Whether the respondent's motion to dismiss should be granted and the petition for a writ of habeas corpus under 28 U.S.C. § 2241 denied.
3. Whether a certificate of appealability should issue.

Disposition

dismissed