Smith v. Masters

Filing 11

MEMORANDUM OPINION AND ORDER: The court ADOPTS the 10 Proposed Findings and Recommendation by Magistrate Judge Omar J. Aboulhosn, GRANTS plaintiff's 9 Motion for Voluntary Dismissal of Petitioner's Pending Section 2241 Petition, and DEN IES plaintiff's 1 Application to Proceed Without Prepayment of Fees and Costs. The Clerk is directed to remove this case from the court's active docket. Signed by Senior Judge David A. Faber on 10/25/2016. (cc: counsel of record and unrepresented parties) (arb)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
AT BLUEFIELD
OTIS ANTONIO SMITH,
Plaintiff,
v.

CIVIL ACTION NO. 1:14-24196

BART MASTERS, Warden,
Defendant.
MEMORANDUM OPINION AND ORDER
By Standing Order, this action was referred to United
States Magistrate Judge Omar J. Aboulhosn for submission of
findings and recommendation regarding disposition pursuant to 28
U.S.C. § 636(b)(1)(B).

Magistrate Judge Aboulhosn submitted to

the court his Findings and Recommendation on August 9, 2016, in
which he recommended that the court grant plaintiff's “Motion for
Voluntary Dismissal of Petitioner’s Pending Motion for Writ of
Habeas Corpus Pursuant to 28 U.S.C. § 2241"; deny plaintiff’s
Motion to Proceed Without Prepayment of Fees and Costs; dismiss
plaintiff’s application under 28 U.S.C. § 2241 without prejudice;
and remove this case from the court’s active docket.
In accordance with the provisions of 28 U.S.C. § 636(b),
plaintiff was allotted fourteen days and three mailing days in
which to file any objections to Magistrate Judge Aboulhosn's
Findings and Recommendation.

The failure of any party to file

such objections within the time allowed constitutes a waiver of

such party's right to a de novo review by this court.

Snyder v.

Ridenour, 889 F.2d 1363 (4th Cir. 1989).
Neither party filed any objections to the Magistrate
Judge's Findings and Recommendations within the requisite time
period.

Accordingly, the court adopts the Findings and

Recommendations of Magistrate Judge Aboulhosn as follows:
1.

Plaintiff’s “Motion for Voluntary Dismissal of
Petitioner’s Pending Motion for Writ of Habeas
Corpus Pursuant to 28 U.S.C. § 2241" is GRANTED;

2.

Plaintiff’s Motion to Proceed Without Prepayment
of Fees and Costs is DENIED;

3.

Plaintiff’s application under 28 U.S.C. § 2241 is
DISMISSED; and

4.

The Clerk is directed to remove this case from the
court’s active docket.

The Clerk is further directed to forward a copy of this
Memorandum Opinion and Order to counsel of record and
unrepresented parties.
IT IS SO ORDERED this 25th of October, 2016.
ENTER:

David A. Faber
Senior United States District Judge

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