Marquita Leigh Meredith v. C. Brammer

Summary

The United States District Court for the Southern District of West Virginia adopted the magistrate judge’s recommendation and dismissed as moot Marquita Leigh Meredith’s petition for a writ of habeas corpus under 28 U.S.C. § 2241. The court also denied a certificate of appealability and directed the Clerk to remove the case from the active docket.

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 for a writ of habeas corpus under 28 U.S.C. § 2241 was dismissed as moot.
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 recommendation to dismiss the § 2241 habeas petition as moot when no party filed timely objections.
2. Whether to grant a certificate of appealability.

Disposition

dismissed