Marcos Santiago-Roldan v. Warden Rokosky

Summary

The United States District Court for the Southern District of West Virginia adopted a magistrate judge’s findings and recommendation concerning Marcos Santiago-Roldan’s petition under 28 U.S.C. § 2241. The court denied the petition as moot, dismissed the civil action, removed it from the active docket, and denied a certificate of appealability.

Holdings

1. A party that fails to file timely objections waives the right to de novo review of the magistrate judge's findings and recommendation.
2. The petition under 28 U.S.C. § 2241 was denied as moot, and the civil action was dismissed.
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 no party filed timely objections.
2. Whether the petition under 28 U.S.C. § 2241 should be denied as moot and the civil action dismissed.
3. Whether to issue a certificate of appealability.

Disposition

dismissed