Sawyer-House v. Wolf

Filing 15

ORDER ADOPTING REPORT AND RECOMMENDATION. The magistrate judge's report and recommendation Doc. 10 is AFFIRMED, and this case is DISMISSED WITHOUT PREJUDICE. Signed by District Judge John Preston Bailey on 8/1/2022. (ag) (pro se PET cm rrr) (Additional attachment(s) added on 8/1/2022: # 1 Certified Mail Return Receipt) (ag).

Case 5:22-cv-00056-JPB Document 15 Filed 08/01/22 Page 1 of 2 PageID #: 60

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF WEST VIRGINIA
Wheeling
TIMOTHY L. SAWYER-HOUSE,
Petitioner,
v.

CIVIL ACTION NO. 5:22-CV-56
Judge Bailey

WARDEN WOLF,
Respondent.
ORDER ADOPTING REPORT AND RECOMMENDATION
The above referenced case is before this Court upon the magistrate judge’s report and
recommendation [Doc. 10] that the petitioner’s

§ 2241 petition be denied and dismissed

without prejudice for lack of jurisdiction. On June 30, 2022, this Court granted petitioner a
fourteen (14) day extension to file objections to the report and recommendation. See
[Doc. 13]. Petitioner did not file objections within the prescribed deadline.
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 forthe district court to review the factual and legal conclusions of the magistrate judge.
Thomas v.Arn, 474 U.S. 140 (1985). Additionally, anypartywhofailstofiletimely, written
objections to the magistrate judge’s report pursuant to 28 U.S.C. § 636(b)(1)waives the right

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Case 5:22-cv-00056-JPB Document 15 Filed 08/01/22 Page 2 of 2 PageID #: 61

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).
A review of the record indicates that the magistrate judge’s report and
recommendation accurately summarizes this case and the applicable law. Accordingly, the
magistrate judge’s report and recommendation [Doc. 101 is AFFIRMED, and this case is
DISMISSED WITHOUT PREJUDICE.
It is so ORDERED.
The Clerk is directed to mail a copy of this Order via certified mail, return receipt
requested, to petitioner, and to dismiss this case from the active docket of this Court.
DATED: August

_____,

2022.

BAILEY
ATES DISTRICT JUDGE

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