Michael Todd Bush, Jr. v. W. Holzapfel

Summary

The United States District Court for the Southern District of West Virginia adopted a magistrate judge’s proposed findings and recommendation in Michael Todd Bush’s 28 U.S.C. § 2241 habeas action. The court denied the petitioner’s fee application and motion for summary judgment without prejudice, dismissed the habeas petition without prejudice, and transferred the matter to the Northern District of Ohio for consideration in the related criminal case.

Holdings

1. The district court was not required to conduct de novo review of the magistrate judge's factual or legal conclusions because Bush filed no objections.
2. The action should be transferred to the United States District Court for the Northern District of Ohio rather than dismissed for improper venue.
3. The application to proceed without prepayment of fees or costs, motion for summary judgment, and § 2241 petition were denied or dismissed without prejudice, and the action was transferred to the Northern District of Ohio.

Questions Presented

1. Whether the district court was required to conduct de novo review of the magistrate judge's PF&R when no objections were filed.
2. Whether the § 2241 petition should be transferred to the Northern District of Ohio rather than dismissed for improper venue.
3. Whether the petition and related motions should be denied or dismissed without prejudice.

Disposition

dismissed