Phillip Roberts v. W. Holzapel

Summary

The United States District Court for the Southern District of West Virginia adopted a magistrate judge’s proposed findings and recommendation in Phillip Roberts’s 28 U.S.C. § 2241 habeas petition. Because Roberts had been released from Bureau of Prisons custody and filed no objections, the court denied the petition as moot and dismissed the matter.

Holdings

1. The district court was not required to conduct de novo or other review of the portions of the PF&R to which no timely objections were made, and the failure to object waived de novo review and the right to appeal the court's order on those grounds.
2. The petition was moot because Roberts had been released from BOP custody; the court therefore denied the petition as moot and dismissed the action.

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 Roberts's § 2241 habeas petition should be denied as moot and the action dismissed following his release from BOP custody.

Disposition

dismissed