Medley v. Perdue

Filing 60

ORDER ADOPTING REPORT AND RECOMMENDATION. Signed by Chief Judge Gina M. Groh on 1/27/2020. Copy sent certified mail, return receipt to pro se Petitioner.(tlg) (Additional attachment(s) added on 1/27/2020: # 1 Certified Mail Return Receipt) (tlg).

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF WEST VIRGINIA
MARTINSBURG
JEFF MEDLEY,
Petitioner,
v.

CIVIL ACTION NO.: 3:14-CV-69
(GROH)

R. A. PERDUE,
Respondent.
ORDER ADOPTING REPORT AND RECOMMENDATION
Now before the Court is the Third Amended Report and Recommendation (“R&R”)
of United States Magistrate Judge Robert W. Trumble. Pursuant to this Court’s Local
Rules, this action was referred to Magistrate Judge Trumble for submission of a proposed
R&R.

Magistrate Judge Trumble issued his Third Amended R&R [ECF No. 52] on

November 26, 2019. Therein, Magistrate Judge Trumble recommends the Petitioner’s
§ 2241 petition [ECF No. 1] be denied and dismissed without prejudice.
Pursuant to 28 U.S.C. § 636(b)(1)(C), this Court must conduct a de novo review of
the magistrate judge’s findings where objection is made. However, the Court is not
required to review, under a de novo or any other standard, the factual or legal conclusions
of the magistrate judge to which no objection is made. Thomas v. Arn, 474 U.S. 140,
150 (1985). Failure to file timely objections constitutes a waiver of de novo review and
of a petitioner’s right to appeal this Court’s Order. 28.U.S.C. § 636(b)(1); Snyder v.
Ridenour, 889 F.2d 1363, 1366 (4th Cir. 1989); United States v. Schronce, 727 F.2d 91,
94 (4th Cir. 1984).

Objections to Magistrate Judge Trumble’s R&R were due within fourteen plus three
days of service. 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b). The Third Amended R&R
was mailed to the Petitioner by certified mail on November 26, 2019. ECF No. 52. The
Petitioner accepted service on December 2, 2019. ECF No. 53. On December 16,
2019, the Court granted the Petitioner an extension of time to file objections, giving the
Petitioner until January 24, 2019 to file objections. ECF No. 57. To date, no objections
have been filed. Accordingly, this Court will review the R&R for clear error.
Upon careful review of the R&R, it is the opinion of this Court that Magistrate Judge
Trumble’s Third Amended R&R [ECF No. 52] should be, and is hereby, ORDERED
ADOPTED for the reasons more fully stated therein. Therefore, the Petitioner’s § 2241
Petition [ECF No. 1] is DENIED and DISMISSED WITHOUT PREJUDICE.

The

Petitioner’s Motion to Expedite [ECF No. 46] is TERMINATED as MOOT.
This matter is ORDERED STRICKEN from the Court’s active docket. The Clerk
of Court is DIRECTED to mail a copy of this Order to the pro se Petitioner by certified
mail, return receipt requested, at his last known address as reflected on the docket sheet.
DATED: January 27, 2020

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