Ramos v. Masters
Filing
17
MEMORANDUM OPINION AND ORDER: The court ADOPTS the factual and legal analysis contained within the 16 PF&R; DENIES with prejudice petitioner's 1 Petition for Writ of Habeas Corpus; and DIRECTS the Clerk to remove this case from the court's docket. The Court further DENIES a certificate of appealability. Signed by Senior Judge David A. Faber on 11/23/2015. (cc: Petitioner, pro se; counsel of record) (mk)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
AT BLUEFIELD
JESUS RAMOS,
Petitioner,
v.
Civil Action No: 1:14-27812
BART MASTERS,
Warden,
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. 3).
Magistrate Judge
Eifert submitted to the court her Proposed Findings and
Recommendation on October 20, 2015, in which she recommended
that the district court deny petitioner’s petition for a writ of
habeas corpus and that this action be dismissed, with prejudice,
from the court’s docket.
(Doc. No. 16 at 7).
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
Eifert’s Findings and Recommendation.
1
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 with prejudice petitioner’s
2
petition for a 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 23rd day of November, 2015.
ENTER:
David A. Faber
Senior United States District Judge
3
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?