Symphoni Vernice Wiggins v. Gretchen Ryle, Warden, FPC Alderson

Summary

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

Holdings

1. The parties' failure to file objections within the prescribed period waived their right to de novo review of 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 plaintiff's petition under 28 U.S.C. § 2241 should be denied as moot and the civil action dismissed.
2. Whether the plaintiff was entitled to a certificate of appealability.

Disposition

dismissed