Knight v. Wilson
ORDER ADOPTING REPORT AND RECOMMENDATION. Signed by Chief Judge Gina M. Groh on 10/18/2017. Copy sent certified mail, return receipt to pro se Petitioner.(tlg)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF WEST VIRGINIA
RONNIE KNIGHT, JR.,
CIVIL ACTION NO.: 3:16-CV-124
STEVEN KALLIS, Warden,
ORDER ADOPTING REPORT AND RECOMMENDATION
On this day, the above-styled matter came before the Court for consideration of
the Report and Recommendation (AR&R@) of United States Magistrate Judge Michael
John Aloi. Pursuant to this Court’s Local Rules, this action was referred to Magistrate
Judge Aloi for submission of a proposed R&R. Magistrate Judge Aloi issued his R&R
[ECF No. 28] on September 14, 2017. In the R&R, he recommends that the Petitioner=s
§ 2241 petition [ECF No. 1] be dismissed.
Pursuant to 28 U.S.C. ' 636(b)(1)(C), this Court is required to make a de novo
review of those portions of the magistrate judge=s findings to which 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 as to those portions of the findings or
recommendation to which no objections are addressed. 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 Aloi=s R&R were due within fourteen plus three
days of the Petitioner being served with a copy of the same. 28 U.S.C. ' 636(b)(1); Fed.
R. Civ. P. 72(b). The Court notes that the R&R was mailed to the Petitioner and returned
as undeliverable on September 27, 2017. Accordingly, no objections have been filed.
However, the Court emphasizes that the Petitioner has a continuing obligation to keep
the Court informed of his mailing address. Thus, this Court will review the R&R for clear
Upon careful review of the R&R, it is the opinion of this Court that Magistrate Judge
Aloi’s Report and Recommendation [ECF No. 28] should be, and is hereby, ORDERED
ADOPTED for the reasons more fully stated therein.
Accordingly, the Respondent’s Motion to Dismiss [ECF No. 24] is hereby
GRANTED, and the Petitioner’s § 2241 Petition [ECF No. 1] is hereby DISMISSED. This
matter is ORDERED STRICKEN from the Court’s active docket.
The Clerk is
DIRECTED to transmit copies of this Order to all counsel of record and the pro
Because the Petitioner was a federal prisoner seeking relief through a 28 U.S.C.
§ 2241 petition, the Court makes no certificate of appealability determination in this
DATED: October 18, 2017
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