Howard v. Wilson

Filing 14

MEMORANDUM OPINION AND ORDER adopting the 12 Proposed Findings and Recommendations by Magistrate Judge as follows: Petitioner's 1 Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241 is DENIED AS MOOT; The case is DISMISSED; and The Clerk is directed to remove this case from the court's active docket. Signed by Senior Judge David A. Faber on 12/19/2019. (cc: counsel of record; any unrepresented party) (mk)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
AT BLUEFIELD
TIA LATAUSHA HOWARD,
Petitioner,
v.

CIVIL ACTION NO. 1:17-03523

DAVID WILSON, Warden
Respondent.
MEMORANDUM OPINION AND ORDER
By Standing Order, this action was referred to United
States Magistrate Judge Dwane L. Tinsley for submission of
findings and recommendation regarding disposition pursuant to 28
U.S.C. § 636(b)(1)(B).

Magistrate Judge Tinsley submitted to

the court his Findings and Recommendation on May 6, 2019, in
which he recommended that the court deny as moot petitioner’s
Petition for a Writ of Habeas Corpus, ECF No. 1, and remove this
matter from the court’s docket.
In accordance with the provisions of 28 U.S.C. § 636(b),
petitioner was allotted fourteen days and 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 within the time allowed constitutes a waiver of
such party’s right to a de novo review by this court.
Ridenour, 889 F.2d 1363 (4th Cir. 1989).

Snyder v.

Objections to the Proposed Findings and Recommendation were
due by May 23, 2019.

Neither party filed any objections to the

Magistrate Judge’s Findings and Recommendation within the
requisite time period.
Accordingly, the court adopts the Findings and
Recommendation of Magistrate Judge Tinsley as follows:
1.

Petitioner’s Writ of Habeas Corpus Pursuant to 28
U.S.C. § 2241 is DENIED AS MOOT;

2.

The case is DISMISSED; and

3.

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 19th day of December, 2019.
ENTER:
David A. Faber
Senior United States District Judge

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