Peeples v. Federal Bureau of Prisons

Filing 22

ORDER ADOPTING REPORT AND RECOMMENDATIONS 18 : The Court ADOPTS the Reportand Recommendation in its entirety, 18 , DENIES WITHOUT PREJUDICE the § 2241 petition, 1 , DENIES AS MOOT all pending motions, and ORDERS that this case be DISMISSED WITHOUT PREJUDICE and stricken from the Courts active docket. Pursuant to Fed. R. Civ. P. 58, the Court directs the Clerk of Court to enter a separate judgment order. Signed by District Judge Irene M. Keeley on 4/23/14. (Attachments: # 1 Certified Mail Return Receipt)(jss)

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

JOE WALLACE PEELES, III,
Petitioner,
v.

//

CIVIL ACTION NO. 1:14CV5
(Judge Keeley)

TERRY O’BRIEN, Warden,
Respondent.

ORDER ADOPTING REPORT AND RECOMMENDATION [DKT. NO. 18]
On January 6, 2014, the pro

se

petitioner, Joe Wallace

Peeples, III (“Peeples”), filed an application for habeas corpus
pursuant to 28 U.S.C. § 2241. The Court referred this matter to
United

States

Magistrate

Judge

James

E.

Seibert

for

initial

screening and a Report and Recommendation (“R&R”) in accordance
with LR PL P 2.
On March 4, 2014, Magistrate Judge Seibert issued an R&R, in
which he recommended that Peeples’ § 2241 petition be denied
without prejudice and that all pending motions be denied as moot.
(Dkt. No. 18). The magistrate judge determined that Peeples is not
entitled to file the instant § 2241 action because he is not
contesting the validity of his arrest or incarceration.1
Although the R&R specifically warned Peeples that his failure
to object to the recommendations would result in the waiver of any

1

The magistrate judge also informed Peeples of his right to re-file his
complaint as a Bivens action.

PEEPLES v. O’BRIEN

1:14CV5

ORDER ADOPTING REPORT AND RECOMMENDATION [DKT. NO. 18]
appellate rights he might otherwise have on these issues. Peeples
did not object to any of the magistrate judge’s recommendations.2
Consequently, finding no clear error, the Court ADOPTS the Report
and Recommendation in its entirety, (dkt. no. 18), DENIES WITHOUT
PREJUDICE the § 2241 petition, (dkt. no 1), DENIES AS MOOT all
pending motions, and ORDERS that this case be DISMISSED WITHOUT
PREJUDICE and stricken from the Court’s active docket.
It is so ORDERED.
Pursuant to Fed. R. Civ. P. 58, the Court directs the Clerk of
Court to enter a separate judgment order and to transmit copies of
both orders to counsel of record and to the pro se petitioner,
certified mail, return receipt requested.
Dated: April 23, 2014.

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

2

Even though Peeples did file an “objection” to the magistrate judge’s
R&R, (dkt. no. 21), his objection was made solely to note that he was
being truthful about the claims contained in his complaint. He conceded
in his objection that he did not oppose any of the magistrate judge’s
recommendations. Id.

2