Cofield v. Carver

Filing 10

MEMORANDUM OPINION AND ORDER adopting the 8 Proposed Findings and Recommendations by Magistrate Judge; granting defendant's 9 Motion to Dismiss on mootness grounds; dismissing this civil action; and directing the Clerk to remove this case from the Court's active docket; additionally denying a certificate of appealability. Signed by Senior Judge David A. Faber on 9/25/2024. (cc: plaintiff; counsel of record) (mk)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA AT BLUEFIELD EDWINA COFIELD, Plaintiff, v. CIVIL ACTION NO. 1:21-00565 WARDEN CARVER, Defendant. MEMORANDUM OPINION AND ORDER By Standing Order, this action 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). Magistrate Judge Eifert submitted to the court her Findings and Recommendation (“PF&R”) on April 15, 2022, in which she recommended that the district court grant defendant’s request for dismissal, 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 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. 889 F.2d 1363 (4th Cir. 1989). Snyder v. Ridenour, The parties failed to file any objections to the Magistrate Judge's Findings and Recommendation within the seventeen-day period. However, on May 10, 2024, defendant filed a motion to dismiss the case as moot because of plaintiff’s release from custody. Having reviewed the Findings and Recommendation filed by Magistrate Judge Eifert, the court adopts the findings and recommendations contained therein except as modified herein. Accordingly, the court hereby GRANTS defendant’s motion to dismiss on mootness grounds, 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 2 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 24th day of September, 2024. ENTER: David A. Faber Senior United States District Judge 3

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