Peeler v. DeBoo

Filing 20

ORDER ADOPTING REPORT AND RECOMMENDATION 17 , GRANTING MOTION TO DISMISS 13 , AND DISMISSING § 2241 PETITION WITH PREJUDICE: the Court ADOPTS the REPORT AND RECOMMENDATIONS 17 in its entirety, GRANTS the motion to dismiss 13 , and DISMISSES this case WITH PREJUDICE. Signed by District Judge Irene M. Keeley on 4/5/11. (copy pro se plaintiff via certified mail.)(jcs) (Additional attachment(s) added on 4/5/2011: # 1 Certified Mail Return Receipt) (jcs).

-JES Peeler v. DeBoo

Doc. 20

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF WEST VIRGINIA

CURTIS WAYNE PEELER, Petitioner, v. // CIVIL ACTION NO. 1:10CV196 (Judge Keeley)

WARDEN KUMA DEBOO, Respondent.

ORDER ADOPTING REPORT AND RECOMMENDATION (DKT. 17), GRANTING MOTION TO DISMISS (DKT. 13), AND DISMISSING § 2241 PETITION WITH PREJUDICE Pending before the Court is the Report and Recommendation ("R&R") of United States Magistrate Judge James E. Seibert,

recommending that the Court grant the motion to dismiss, or in the alternative for summary judgment, filed by the respondent in this § 2241 action. The pro se petitioner failed to respond to both the motion to dismiss and the R&R, despite being warned that such a failure would waive his right to object to dismissal of this petition. Accordingly, the Court ADOPTS the R&R (dkt. 17) in its

entirety, GRANTS the motion to dismiss (dkt. 13), and DISMISSES this case WITH PREJUDICE. It is so ORDERED.

Dockets.Justia.com

PEELER v. DEBOO ORDER ADOPTING REPORT AND RECOMMENDATION

1:10cv196

The Court directs the Clerk to prepare a separate judgment order and to transmit copies of both orders to counsel of record, and to the pro se petitioner via certified mail, return receipt requested. Dated: April 5, 2011. /s/ Irene M. Keeley IRENE M. KEELEY UNITED STATES DISTRICT JUDGE

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