Timothy James Langford v. Warden Holzapfel

Summary

The United States District Court for the Southern District of West Virginia adopts a magistrate judge’s proposed findings and recommendation in a habeas corpus action under 28 U.S.C. § 2241. Because the petitioner filed no objections and failed to prosecute the matter, the court dismisses the action without prejudice under Federal Rule of Civil Procedure 41(b).

Holdings

1. The district court was not required to conduct de novo review, or any other review, of the magistrate judge's factual or legal conclusions because Petitioner filed no timely objections.
2. The action was dismissed without prejudice for failure to prosecute pursuant to Federal Rule of Civil Procedure 41(b).

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 the action should be dismissed without prejudice for failure to prosecute under Federal Rule of Civil Procedure 41(b).

Disposition

dismissed