Rose v. Rickard
Filing
8
MEMORANDUM OPINION AND ORDER: The court ADOPTS the 7 Proposed Findings and Recommendation by Magistrate Judge Tinsley, DENIES plaintiff's 1 Section 2241 Petition and directs the Clerk to dismiss this case from the court's active docket. The court DENIES a certificate of appealability. Signed by Senior Judge David A. Faber on 1/18/2017. (cc: plaintiff and counsel of record) (arb)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
AT BLUEFIELD
KALA YVETTE ROSE,
Plaintiff,
v.
CIVIL ACTION NO. 1:14-13314
BARBARA RICKARD, Warden
Federal Prison Camp Alderson,
Defendant.
MEMORANDUM OPINION AND ORDER
By Standing Order, this action was referred to United
States Magistrate Judge Dwane L. Tinsley for submission of
findings and recommendations regarding disposition pursuant to 28
U.S.C. § 636(b)(1)(B).
Magistrate Judge Tinsley submitted to the
court his Findings and Recommendation (“PF&R”) on November 8,
2016, in which he recommended that the District Court deny
plaintiff’s petition under 28 U.S.C. § 2241 and dismiss this
matter from the court’s docket.
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 Tinsley’s
Findings and Recommendation.
The failure of any party to file
such objections constitutes a waiver of such party's right to a
de novo review by this court.
(4th Cir. 1989).
Snyder v. Ridenour, 889 F.2d 1363
The parties 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 Tinsley, the court
adopts the findings and recommendations contained therein.
Accordingly, the court hereby DENIES plaintiff’s petition under
28 U.S.C. § 2241 and directs the Clerk to dismiss this case from
the court’s active docket.
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).
28 U.S.C. §
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 Clerk is directed to forward a copy of this
Memorandum Opinion and Order to plaintiff and counsel of record.
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IT IS SO ORDERED this 18th day of January, 2017.
ENTER:
David A. Faber
Senior United States District Judge
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