Gonzalez v. Federal Bureau of Prisons et al

Filing 19

ORDER ADOPTING OPINION/REPORT AND RECOMMENDATION; Granting as to 12 Motion to Dismiss; Granting as to 12 Motion for Summary Judgment. Denies as to 1 Petition for Writ of Habeas Corpus. ADOPTING as to 17 Opinion/Report and Recommendation. ORDERS Gonzalezs case DISMISSED WITH PREJUDICE and stricken from the Courts docket. Signed by District Judge Irene M Keeley on 4/28/2009. (Copy counsel of record and pro se petitioner by certified mail.) (jmm)

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF WEST VIRGINIA MICHAEL GONZALEZ, Petitioner, v. KUMMA DEBOO, Warden, Respondent. ORDER ADOPTING REPORT AND RECOMMENDATION On April 18, 2008, pro se petitioner, Michael Gonzalez // CIVIL ACTION NO. 1:08CV104 (Judge Keeley)

("Gonzalez"), filed a habeas corpus petition pursuant to 28 U.S.C. § 2241 challenging a disciplinary proceeding which resulted in the loss of good conduct credit. The Court referred this matter to

United States Magistrate Judge John S. Kaull for initial screening and a report and recommendation in accordance with Local Rule of Prisoner Litigation 83.09. Following a motion to dismiss filed by the respondant, Kumma Deboo ("Deboo"), Magistrate Judge Kaull issued an Opinion and Report and Recommendation ("R&R") recommending that Gonzalez's Motion Under § 2241 be denied and the case be dismissed because Gonzalez's due process rights and had not the been violated in the to

disciplinary

proceeding,

that

respondent's

motion

dismiss should be granted. The Report and Recommendation also specifically warned the parties that failure to object to the recommendation would result

GONZALEZ V. DEBOO ORDER ADOPTING OPINION/REPORT AND RECOMMENDATION

1:08CV104

in the waiver of any appellate rights on this issue. No objections were filed.1 Therefore, the Court ADOPTS the Report and Recommendation in its entirety (dkt. no. 17), GRANTS Deboo's Motion to Dismiss or in the Alternative, Motion for Summary Judgment (dkt. no. 12), DENIES Gonzalez's motion under § 2241 (dkt. no. 1) and ORDERS Gonzalez's case DISMISSED WITH PREJUDICE and stricken from the Court's docket. It is so ORDERED. The Clerk is directed to transmit a copy of this Order to counsel of record, and to mail a copy to the pro se petitioner, certified mail, return receipt requested. Dated: April 28, 2009

/s/ Irene M. Keeley IRENE M. KEELEY UNITED STATES DISTRICT JUDGE

The failure to object to the Report and Recommendation not only waives the appellate rights in this matter, but also relieves the Court of any obligation to conduct a de novo review of the issue presented. See Thomas v. Arn, 474 U.S. 140, 148-153 (1985); Wells v. Shriners Hosp., 109 F.3d 198, 199-200 (4th Cir. 1997). 2

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