Jones v. United States District Court

Filing 11

MEMORANDUM OPINION. SEE OPINION FOR COMPLETE DETAILS. Signed by District Judge M. Hannah Lauck on 11/28/2017. Copy of Memorandum Opinion sent to Plaintiff as directed.(ccol, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Richmond Division
ANTONIO LAMONT JONES,
CLERK, U.S. DISTRrCT COURT
RICHMOND, VA

Petitioner,

Civil Action No. 3:16CV801

v.
UNITED STATES DISTRICT COURT,
Respondent.

MEMORANDUM OPINION
Antonio Lamont Jones, a federal inmate proceeding pro se, brings this petition pursuant
to 28 U.S.C. § 2241 ("§ 2241 Petition," ECF No. 1), challenging the Bureau of Prisons's
("BOP") determination that he is ineligible for early release under the BOP' s Residential Drug
Abuse Program. On October 12, 2017, the Magistrate Judge recommended that the action be
dismissed as moot because Jones has received his requested relief. (Report and
Recommendation, ECF No. 10.) The Court advised Jones that he could file objections within
fourteen (14) days of the date of entry of the Report and Recommendation. The time to file
objections has expired and Jones has not responded.
"The magistrate makes only a recommendation to this court. The recommendation has
no presumptive weight, and the responsibility to make a final determination remains with this
court." Estrada v. Witkowski, 816 F. Supp. 408, 410 (D.S.C. 1993)(citing Mathews v. Weber,
423 U.S. 261, 270-71 (1976)). This Court "shall make a de novo determination of those portions
of the report or specified proposed findings or recommendations to which objection is made." 28
U.S.C. § 636(b)(l). "The filing of objections to a magistrate's report enables the district judge to
focus attention on those issues-factual and legal-that are at the heart of the parties' dispute."

Thomas v. Arn, 474 U.S. 140, 147 (1985). In the absence of a specific written objection, this
Court may adopt a magistrate judge's recommendation without conducting a de nova review.

See Diamondv. Colonial Life & Accident Ins. Co., 416 F.3d 310, 316 (4th Cir. 2005).
There being no objections, the Report and Recommendation will be ACCEPTED and
ADOPTED. The§ 2241 Petition (ECF No. I) will be DENIED AS MOOT. The Motion to
Dismiss (ECF No. 5) will be DENIED AS MOOT. The action wilJ be DISMISSED AS MOOT.
An appropriate Order will accompany this Memorandum Opinion.

Isl~/

-11

Date: /(-;t_tJ
Richmond, Virginia

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