Taylor v. Bureau of Prisons
Filing
26
MEMORANDUM OPINION AND ORDER ADOPTING 24 PROPOSED FINDINGS AND RECOMMENDATIONS: the court DENIES a certificate of appealability; ADOPTS the factual and legal analysis contained within the 24 PF&R; DENIES petitioner's 1 petition for writ of habeas corpus; and DIRECTS the Clerk to remove this case from the court's docket. Signed by Senior Judge David A. Faber on 11/10/2015. (cc: Petitioner, pro se; and counsel of record) (mk)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
AT BLUEFIELD
GREGORY J. TAYLOR,
Petitioner,
v.
Civil Action No: 1:13-33391
WILLIAM JOHNSON,
Warden, FCI McDowell
Respondent.
MEMORANDUM OPINION AND ORDER
Pending before the court is petitioner’s petition for a
writ of habeas corpus pursuant to 28 U.S.C. § 2241.
1).
(Doc. No.
By Standing Order, this matter was referred to United
States Magistrate Judge Cheryl A. Eifert for submission of
findings and recommendations regarding disposition, pursuant to
28 U.S.C. § 636(b)(1)(B).
(Doc. No. 2).
Magistrate Judge
Eifert submitted to the court her Proposed Findings and
Recommendation on September 28, 2015, in which she recommended
that the district court deny petitioner’s petition for a writ of
habeas corpus and remove this matter from the court’s docket.
(Doc. No. 24).
In accordance with the provisions of 28 U.S.C. § 636(b),
the parties were allotted fourteen days, plus three mailing
days, in which to file any objections to Magistrate Judge
1
Eifert’s Findings and Recommendation.
The failure to file such
objections constitutes a waiver of the right to a de novo review
by this court.
Snyder v. Ridenour, 889 F.2d 1363 (4th Cir.
1989).
Petitioner failed to file any objections to the Magistrate
Judge’s Findings and Recommendation within the seventeen-day
period.
Having reviewed the Findings and Recommendation filed
by Magistrate Judge Eifert, the court adopts the findings and
recommendation contained therein.
Additionally, the court has considered whether to grant a
certificate of appealability.
See 28 U.S.C. § 2253(c).
A
certificate will not be granted unless there is “a substantial
showing of the denial of a constitutional right.”
2253(c)(2).
Id. §
The standard is satisfied only upon a showing that
reasonable jurists would find that any assessment of the
constitutional claims by this court is debatable or wrong and
that any dispositive procedural ruling is likewise debatable.
Miller-El v. Cockrell, 537 U.S. 322, 336–38 (2003); Slack v.
McDaniel, 529 U.S. 473, 484 (2000); Rose v. Lee, 252 F.3d 676,
683–84 (4th Cir. 2001).
The court concludes that the governing
standard is not satisfied in this instance.
Accordingly the
court DENIES a certificate of appealability.
The court hereby ADOPTS the factual and legal analysis
contained within the PF&R, DENIES petitioner’s petition for a
2
writ of habeas corpus, (Doc. No. 1), and DIRECTS the Clerk to
remove this case from the court’s docket.
The Clerk is further directed to forward a copy of this
Memorandum Opinion and Order to counsel of record and
petitioner, pro se.
It is SO ORDERED this 10th day of November, 2015.
ENTER:
David A. Faber
Senior United States District Judge
3
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