Marvin Calvin v. FCI Beckley Warden

Summary

The United States District Court for the Southern District of West Virginia adopted a magistrate judge’s proposed findings and recommendation and dismissed Marvin Calvin’s 28 U.S.C. § 2241 habeas petition without prejudice. The dismissal was based on failure to prosecute under Federal Rule of Civil Procedure 41(b), and no objections to the recommendation were filed.

Holdings

1. The district court was not required to conduct de novo or other review of the factual or legal conclusions in the PF&R because Petitioner filed no objections.
2. The action was properly dismissed without prejudice for failure to prosecute pursuant to Federal Rule of Civil Procedure 41(b).

Questions Presented

1. Whether the district court was required to conduct de novo review of the magistrate judge's proposed findings and recommendation when no objections were filed.
2. Whether the action should be dismissed without prejudice for failure to prosecute under Federal Rule of Civil Procedure 41(b).

Disposition

dismissed