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)

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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 2

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