Justis v. Pszcolkowski

Filing 4

ORDER incorporating the 3 Proposed Findings and Recommendations by Magistrate Judge, denying the petitioner's 1 MOTION for Stay of Abeyance, dismissing the case, and directing that this action be removed from the docket. Signed by Judge Joseph R. Goodwin on 10/2/2015. (cc: counsel of record; any unrepresented party) (tmh)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
CHARLESTON DIVISION
RAY JUSTIS,
Petitioner,
v.

CIVIL ACTION NO. 2:15-cv-06420

KAREN PSZCZOLKOWSKI, Warden,
Northern Correctional Facility,
Respondent.

ORDER
This action was referred to United States Magistrate Judge Cheryl A. Eifert
for submission of proposed findings of fact and recommendations for disposition
pursuant to 28 U.S.C. § 636. On September 11, 2015, Judge Eifert submitted her
Proposed Findings & Recommendations [ECF No. 3] (“PF&R”) and recommended
that the court DENY the petitioner’s Motion for Stay of Abeyance [ECF No. 1] and
DISMISS the case. The parties were directed to file any objections to the PF&R on
or before September 28, 2015. Neither party filed objections to the PF&R—nor sought
an extension of time—on or before September 28, 2015.
A district court “shall make a de novo determination of those portions of the
report or specified proposed findings or recommendations to which objection is made.”
28 U.S.C. ' 636(b)(1)(C). This court is not, however, required to review, under a de
novo or any other standard, the factual or legal conclusions of the magistrate judge

as to those portions of the findings or recommendation to which no objections are
addressed. Thomas v. Arn, 474 U.S. 140, 150 (1985).
Because the parties have not filed objections in this case, the court accepts and
incorporates herein the PF&R and orders judgment consistent therewith. The court
DENIES the petitioner’s Motion for Stay of Abeyance [ECF No. 1], DISMISSES the
case, and DIRECTS this action to be removed from the docket.
The court DIRECTS the Clerk to send a copy of this Order to counsel of record
and any unrepresented party.
ENTER:

2

October 2, 2015