Cooper v. Deboo

Filing 30

ORDER granting Respondent's 19 Motion to Dismiss, Motion for Summary Judgment; Petitioner's 1 Application for Writ of Habeas Corpus is denied and dismissed with prejudice; adopting Magistrate Kaull's 27 Report and Recommendation. This action is stricken from the docket. Judgment shall be entered for the Respondent. Notice of Appeal must be received within 30 days, along with $455.00 appeal fee, or seek leave to appeal in forma pauperis. Signed by Chief Judge John Preston Bailey on 3/16/2010. (Attachments: # 1 Certified Mail Receipt label)(copy Petitioner [70099 2250 0003 4207 6906])(cnd)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF WEST VIRGINIA TODD COOPER, Petitioner, v. KUMA DEBOO, Warden, Respondent. ORDER It will be recalled that on January 4, 2010, Magistrate Judge John S. Kaull filed his Report and Recommendation, wherein the parties were directed, in accordance with 28 U.S.C. 636(b)(1), to file with the Clerk of Court any written objections within ten (10) days after being served with a copy of the Report and Recommendation. Petitioner filed his objections January 19, 2010. Thus, the Court will conduct a de novo review of this civil action. Civil Action No. 2:09cv90 Upon examination of the report from the Magistrate Judge, it appears to the Court that the issues raised by the Petitioner in his Petition, filed pursuant to 28 U.S.C. 2241, wherein Petitioner asserts that the Bureau of Prisons has failed to properly compute his federal sentence, and the issues raised in Respondent's Motion to Dismiss or, in the Alternative, Motion for summary Judgment, were thoroughly considered by Magistrate Judge Kaull in his Report and Recommendation. Upon review of the Petitioner's objections, the Court finds that the Petitioner has not raised any issues that were not already throughly considered and addressed by the Magistrate Judge in his Report and Recommendation. Moreover, the Court, upon an independent de novo consideration of all matters now before it, is of the opinion that the Report and Recommendation accurately reflects the law applicable to the facts and circumstances before the Court in this action. Therefore, it is ORDERED that Magistrate Judge Kaull's Report and Recommendation be, and the same hereby is, accepted in whole and that this civil action be disposed of in accordance with the recommendation of the Magistrate Judge. Accordingly, it is ORDERED that Respondent's Motion to Dismiss, or in the Alternative, Motion for Summary Judgment shall be (Doc. No. 19), and the same hereby is, GRANTED. It is further ORDERED that the Petitioner's Application for Writ of Habeas Corpus pursuant to 28 U.S.C. 2241 shall be, and the same hereby is, DENIED and DISMISSED with prejudice. It is further ORDERED that the above-styled action shall be STRICKEN from the docket of this Court. It is further ORDERED that the Clerk shall enter judgment for the Respondent. It is further ORDERED that, if a party should desire to appeal the decision of this Court, written notice of appeal must be received by the Clerk of this Court within thirty (30) days from the date of the entry of the Judgment Order, pursuant to Rule 4 of the Federal Rules of Appellate Procedure. The $5.00 filing fee for the notice of appeal and the $450.00 docketing fee should also be submitted with the notice of appeal. In the alternative, at the time the notice of appeal is submitted, Petitioner may, in accordance with the provisions of Rule 24(a) of the Federal Rules of Appellate Procedure, seek leave to proceed in forma pauperis from the United States Court of Appeals for the Fourth Circuit. ENTER: March 16, 2010.

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