Townsend v. Kallis
ORDER ADOPTING REPORT AND RECOMMENDATION. Signed by Chief Judge Gina M. Groh on 1/9/2018. Copy sent certified mail, return receipt to pro se Petitioner.(tlg)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF WEST VIRGINIA
CIVIL ACTION NO.: 3:17-CV-44
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 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 R&R [ECF No. 10] on December 7, 2017. In the R&R, he recommends that 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 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 Trumble=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 R&R was mailed to the Petitioner on December 7, 2017. The
Petitioner accepted service on December 11, 2017. Accordingly, objections were due
on December 28, 2017. To date, no objections have been filed. Thus, this Court will
review the R&R for clear error.
Upon careful review and finding no clear error, the Court ORDERS that Magistrate
Judge Trumble’s Report and Recommendation [ECF No. 10] is hereby ADOPTED for the
reasons more fully stated therein. Accordingly, the Petitioner’s § 2241 Petition [ECF No.
1] is DENIED and DISMISSED WITHOUT PREJUDICE.
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 herein and the pro se Petitioner.
Because the Petitioner is a federal prisoner seeking relief through a 28 U.S.C. §
2241 petition, the Court makes no certificate of appealability determination in this matter.
DATED: January 9, 2018
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?