Greco v. Hendrix

Filing 19

ORDER ADOPTING REPORT AND RECOMMENDATION. Signed by Chief Judge Gina M. Groh on 6/3/2019. Copy sent certified mail, return receipt to pro se Petitioner.(tlg)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF WEST VIRGINIA
MARTINSBURG
THOMAS J. GRECO, JR.,
Petitioner,
v.

CIVIL ACTION NO.: 3:18-CV-78
(GROH)

MR. DEWAYNE HENDRIX,
Warden,
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. 16] on May 24, 2019. Therein,
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 R&R was mailed to
the Petitioner on May 24, 2019. ECF No. 16. The R&R was returned as undeliverable
on June 3, 2019.

ECF No. 18.

Accordingly, the Petitioner did not file objections.

However, “all pro se litigants are responsible for promptly informing the Court of any
change in their address, monitoring the progress of their case, and prosecuting or
defending their actions diligently.” LR PL P 6. Failure to notify the Clerk of Court of an
address change will result in dismissal of the prisoner’s case. Id. Thus, 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. 16] 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 Respondent’s Motion to Dismiss, or in the alternative, for Summary
Judgment [ECF No. 13] is GRANTED.
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: June 3, 2019

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