Sandlain v. Warden
Filing
28
MEMORANDUM OPINION AND ORDER The court ADOPTS the 27 Proposed Findings and Recommendation by Magistrate Judge; DISMISSES plaintiff's 1 Petition for Writ of Habeas Corpus (2241); DISMISSES this civil action; and directs 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 11/1/2021. (cc: plaintiff; counsel of record) (arb)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
AT BLUEFIELD
BLAKE SANDLAIN,
Plaintiff,
v.
CIVIL ACTION NO. 1:20-00424
WARDEN, FCI MCDOWELL,
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 recommendation regarding disposition pursuant to 28
U.S.C.A. § 636(b)(1)(B).
Magistrate Judge Tinsley submitted to
the court his Findings and Recommendation on September 27, 2021,
in which he recommended that the district court dismiss
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.A. § 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.
Snyder v. Ridenour, 889 F.2d 1363 (4th
Cir. 1989).
The parties failed to file any objections to the Magistrate
Judge's Findings and Recommendation within the allotted time
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
DISMISSES plaintiff’s petition under 28 U.S.C. § 2241; DISMISSES
this civil action; 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 “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.
IT IS SO ORDERED this 1st day of November, 2021.
ENTER:
David A. Faber
Senior United States District Judge
2
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