Oscar Combs, Sr. v. Warden, Mt. Olive Correctional Complex

Summary

The United States District Court for the Southern District of West Virginia adopted a magistrate judge’s proposed findings and recommendation in Oscar Combs, Sr.’s attempted 28 U.S.C. § 2254 habeas action. The court found that no proper § 2254 petition was pending, denied appointment of counsel, and dismissed the case without prejudice.

Holdings

1. Because the petitioner filed no timely objections, the district court adopted the PF&R without conducting de novo review of its unobjected-to factual and legal conclusions.
2. No proper § 2254 petition was pending on which the court could determine AEDPA timeliness, hold the matter in abeyance, or permit amendment.
3. The petitioner's request for appointment of counsel was denied.

Questions Presented

1. Whether the district court should adopt the magistrate judge's PF&R when the petitioner filed no timely objections.
2. Whether the action should be dismissed without prejudice because no proper § 2254 petition was pending.
3. Whether the petitioner was entitled to appointment of counsel.

Disposition

dismissed