Kalasho v. United States of America

Filing 23

ORDER ADOPTING REPORT AND RECOMMENDATION. Signed by District Judge Gina M. Groh on 1/18/2023. (tlg)

Case 3:21-cv-00171-GMG Document 23 Filed 01/18/23 Page 1 of 2 PageID #: 165

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF WEST VIRGINIA
MARTINSBURG
DHIA SHAKIR KALASHO,
Petitioner,
v.

CIVIL ACTION NO.: 3:21-CV-171
(GROH)

UNITED STATES OF AMERICA,
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. 22] on October 7, 2022. 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).

Case 3:21-cv-00171-GMG Document 23 Filed 01/18/23 Page 2 of 2 PageID #: 166

Objections to Magistrate Judge Trumble’s R&R were due within fourteen days of
the date it was entered. 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b). 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. 22] 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 transmit a copy of this Order to all counsel of record herein.
DATED: January 18, 2023

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