Shimika L. Adgerson v. Warden, FPC Alderson

Summary

The United States District Court for the Southern District of West Virginia adopted the magistrate judge’s findings and recommendation in Shimika L. Adgerson’s 28 U.S.C. § 2241 petition. The court denied the petition as moot, dismissed the civil action, removed it from the docket, and denied a certificate of appealability.

Holdings

1. The parties' failure to file timely objections waived their right to de novo review, and the district court adopted the Findings and Recommendation.
2. The plaintiff's petition under 28 U.S.C. § 2241 was denied as moot, and the civil action was dismissed.
3. A certificate of appealability was denied because the governing standard was not satisfied.

Questions Presented

1. Whether the district court should adopt the magistrate judge's unobjected-to Findings and Recommendation recommending denial as moot of the § 2241 petition and dismissal of the action.
2. Whether a certificate of appealability should issue under 28 U.S.C. § 2253(c).

Disposition

dismissed