Martinez-Turcio v. Rokosky

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 denied as moot the plaintiff’s 28 U.S.C. § 2241 petition, 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 by the district court.
2. The plaintiff's 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 neither party filed timely objections.
2. Whether the plaintiff's 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