White v. Adams

Filing 17

ORDER ADOPTING 15 REPORT AND RECOMMENDATION: Respondent's 12 Motion to Dismiss or, in the alternative, Motion for Summary Judgment is GRANTED and petitioner's 1 Petition for Habeas Corpus Pursuant to 28 U.S.C. § 2241 is DENI ED and DISMISSED WITH PREJUDICE. This Court further DIRECTS the Clerk to enter judgment in favor of the respondent and to STRIKE this case from the active docket. Signed by District Judge John Preston Bailey on 9/8/2021. (copy to pro se petitioner via cm,rrr) (nmm) (Additional attachment(s) added on 9/8/2021: # 1 Certified Mail Return Receipt) (nmm).

Case 5:21-cv-00070-JPB Document 17 Filed 09/08/21 Page 1 of 2 PageID #: 162

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF WEST VIRGINIA
Wheeling
BONNIE WHITE,
Petitioner,
v.

Civil Action No. 5:21-CV-70
Judge Bailey

P. ADAMS, Warden,
Respondent.
ORDER ADOPTING REPORT AND RECOMMENDATION
The above referenced case is before this Court upon the magistrate judge’s
recommendation that Respondent’s Motion to Dismiss or, in the alternative, Motion for
Summary Judgment [Doc. 12] be granted and petitioner’s Petition for Habeas Corpus
Pursuant to 28 U.S.C.

§ 2241

[Doc. 1] be denied and dismissed with prejudice.

This Court is charged with conducting a de novo review of any portion of the
magistrate judge’s report to which a specific objection is registered, and may accept, reject,
or modify, in whole or in part, the recommendations contained in that report. 28 U.S.C.

§

636(b)(1). However, absent prompt objection by a dissatisfied party, it appears that

Congress did not intend for the district court to review the factual and legal conclusions of
the magistrate judge. Thomas v. Am, 474 U.S. 140 (1985). Additionally, any party who
fails to file timely, written objections to the magistrate judge’s report pursuant to 28 U.S.C.

§

636(b)(1) waives the right to raise those objections at the appellate court level. United

States v. Schronce, 727 F.2d 91(4th Cir. 1984), cert. denied, 467 U.S. 1208(1984). No
objections have been filed to the magistrate judge’s report and recommendation.
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Case 5:21-cv-00070-JPB Document 17 Filed 09/08/21 Page 2 of 2 PageID #: 163

A de novo review of the record indicates that the magistrate judge’s report
accurately summarizes this case and the applicable law. Accordingly, the magistrate
judge’s report and recommendation is AFFIRMED, and Respondent’s Motion to Dismiss
or, in the alternative, Motion for Summary Judgment [Dcc. 12] is GRANTED and
petitioner’s Petition for Habeas Corpus Pursuant to 28 U.S.C. § 2241 [Doc. 1] is DENIED
and DISMISSED WITH PREJUDICE. This Court further DIRECTS the Clerk to enter
judgment in favor of the respondent and to STRIKE this case from the active docket of this
Court.
It is so ORDERED.
The Clerk is directed to transmit copies of this Order to any counsel of record and
to mail a copy to the pro se petitioner.
DATED: Septemberf., 2021.

/Th

L- Z ‘N

JOHN PREESTON BAILEY
UNITED STATES DISTRICT JUDGE

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