Roberts v. Warden
Filing
6
MEMORANDUM OPINION AND ORDER adopting the 5 Proposed Findings and Recommendation by Magistrate Judge; dismissing plaintiff's 1 2241 Petition; and directing the Clerk to remove this case from the court's active docket. The Court DENIES a certificate of appealability. Signed by Senior Judge David A. Faber on 6/7/2023. (cc: plaintiff; counsel of record) (mk)
Case 1:20-cv-00272 Document 6 Filed 06/07/23 Page 1 of 3 PageID #: 31
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
AT BLUEFIELD
ARTEMAS TERRELL ROBERTS,
Plaintiff,
v.
CIVIL ACTION NO. 1:20-00272
WARDEN, FCI McDowell,
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 recommendations regarding disposition pursuant to
28 U.S.C. ' 636(b)(1)(B).
Magistrate Judge Aboulhosn submitted
to the court his Findings and Recommendation (APF&R@) on April 7,
2023, in which he recommended that the district court dismiss
plaintiff=s petition under 28 U.S.C. ' 2241 and remove 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
Aboulhosn=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.
Ridenour, 889 F.2d 1363 (4th Cir. 1989).
Snyder v.
Case 1:20-cv-00272 Document 6 Filed 06/07/23 Page 2 of 3 PageID #: 32
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 Aboulhosn, the court
adopts the findings and recommendations contained therein.
Accordingly, the court hereby DISMISSES plaintiff=s petition
under 28 U.S.C. ' 2241 and directs the Clerk to remove 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 Aa 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.
court DENIES a certificate of appealability.
2
Accordingly, the
Case 1:20-cv-00272 Document 6 Filed 06/07/23 Page 3 of 3 PageID #: 33
The Clerk is directed to forward a copy of this
Memorandum Opinion and Order to plaintiff and counsel of record.
IT IS SO ORDERED this 7th day of June, 2023.
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?