Marthe Hippolyte v. Warden Cutwright

Summary

The United States District Court for the Southern District of West Virginia adopted a magistrate judge’s findings and recommendation in Marthe Hippolyte’s 28 U.S.C. § 2241 petition. 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. Because neither party filed timely objections, the parties waived their right to de novo review, and the district court adopted the magistrate judge's findings and recommendation.
2. The court denied the plaintiff's § 2241 petition as moot and dismissed the civil action.
3. The court denied a certificate of appealability because the governing substantial-showing standard was not satisfied.

Questions Presented

1. Whether the court should adopt the magistrate judge's findings and recommendation when no party filed timely objections.
2. Whether the plaintiff's § 2241 petition should be denied as moot and the civil action dismissed.
3. Whether to issue a certificate of appealability.

Disposition

dismissed