Goree v. Saad

Filing 15

ORDER ADOPTING REPORT AND RECOMMENDATION. Signed by Chief Judge Gina M. Groh on 12/20/2018. Copy sent certified mail, return receipt to pro se Petitioner.(tlg) (Additional attachment(s) added on 12/20/2018: # 1 Certified Mail Return Receipt) (tlg).

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

CLARENCE GOREE,
Petitioner,
v.

CIVIL ACTION NO.: 3:17-CV-132
(GROH)

JENNIFER SAAD,
Respondent.

ORDER ADOPTING REPORT AND RECOMMENDATION
Now before the Court is 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. 13] on November 26, 2018. In his
R&R, Magistrate Judge Trumble 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 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 pro se Petitioner
accepted service on November 30, 2018. ECF No. 14. 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 Report and Recommendation [ECF No. 13] should be, and is hereby,
ORDERED ADOPTED for the reasons more fully stated therein.

Therefore, the

Respondent’s Motion to Dismiss is GRANTED and the Petitioner’s § 2241 Petition is
DENIED and DISMISSED WITHOUT PREJUDICE.
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 Petitioner by certified mail, return
receipt requested, at his last known address as reflected on the docket sheet.
DATED: December 20, 2018

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