Black v. Bowers

Filing 10

ORDER ADOPTING REPORT AND RECOMMENDATION. Signed by Chief Judge Gina M. Groh on 4/28/2021. 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
ROBERT DOUGLAS BLACK,
Petitioner,
v.

CIVIL ACTION NO.: 3:20-CV-229
(GROH)

F.J. BOWERS,
Respondent.
ORDER ADOPTING REPORT AND RECOMMENDATION
Now before the Court is a 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 R&R [ECF No. 5] on January 19, 2021. Therein, Magistrate
Judge Trumble recommends that the Petitioner’s § 2241 petition [ECF No. 1] be denied
and dismissed with 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 by certified mail on January 19, 2021. ECF No. 5. The Petitioner accepted
service on January 27, 2021. On February 3, 2021, the Petitioner filed a Motion for
extension of time to file his objections. ECF No. 7. On February 5, 2021, the Court
entered an Order granting the Petitioner’s Motion and extending the deadline to file
objections to February 26, 2021. ECF No. 8. The Petitioner accepted service of the
Court’s Order on February 10, 2021. To date, no objections have been filed. Accordingly,
this Court reviews the R&R for clear error.
Upon careful review and thoughtful consideration, it is the opinion of this Court that
Magistrate Judge Trumble’s R&R [ECF No. 5] 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 WITH 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 pro se Petitioner by certified
mail, return receipt requested, at his last known address as reflected on the docket sheet.
DATED: April 28, 2021

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