Shawn Lanier Lowman, Jr. v. Warden Holzapfel, FCI Beckley

Summary

The United States District Court for the Southern District of West Virginia adopted a magistrate judge's proposed findings and recommendation in Shawn Lanier Lowman, Jr.'s 28 U.S.C. § 2241 habeas action. The court denied the habeas petition and a related motion concerning law-library access, and dismissed the matter after no objections were filed.

Holdings

1. A district court need not conduct de novo review of the factual or legal conclusions in portions of a magistrate judge's proposed findings and recommendation to which no timely objection is made; failure to object waives de novo review and the right to appeal those findings.
2. The court adopted the PF&R, denied the petition for a writ of habeas corpus under § 2241, denied the motion directing the respondent to issue a memorandum, and dismissed the matter.

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 court should adopt the PF&R, deny the § 2241 petition and related motion, and dismiss the action.

Disposition

dismissed