Foster v. Murphy
Filing
48
MEMORANDUM OPINION AND ORDER The 47 Proposed Findings and Recommendation is ADOPTED; the 23 MOTION by John T. Murphy for Summary Judgment is GRANTED; the 5 Amended Petition for Writ of Habeas Corpus is DENIED; and this civil action is DISMISSED from the docket of this court. Signed by Senior Judge John T. Copenhaver, Jr. on 4/3/2024. (cc: petitioner; counsel of record; United States Magistrate Judge) (kew)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF WEST VIRGINIA
AT CHARLESTON
ERIC A. FOSTER,
Petitioner,
v.
Civil Action No. 2:16-cv-07333
JASON COLLINS, Superintendent,
Denmar Correctional Center and Jail,
Respondent.
MEMORANDUM OPINION AND ORDER
Pending before the court is the Proposed Findings and
Recommendation (“PF&R”) of the United States Magistrate Judge
Dwane L. Tinsley, entered on March 13, 2024.
ECF 47.
The Magistrate Judge recommends granting respondent
Jason Collins’ motion for summary judgment (ECF 23), denying
petitioner Eric A. Foster’s amended petition for writ of habeas
corpus under 28 U.S.C. § 2254 (ECF 5), and dismissing this
action from the court’s docket.
ECF 47 at 44.
The court need not 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 and
recommendations to which no objection has been addressed.
Thomas v. Arn, 474 U.S. 140 (1985); see also 28 U.S.C. §
1
See
636(b)(1) (“A judge of the court shall make a de novo
determination of those portions of the report or specified
proposed findings or recommendations to which objection is
made.”) (emphasis added).
Failure to timely file objections
constitutes a waiver of de novo review and the plaintiff’s right
to appeal the order of the court.
See 28 U.S.C. § 636(b)(1);
Snyder v. Ridenour, 889 F.2d 1363, 1366 (4th Cir. 1989).
Objections in this case having been due on April 1, 2024, and
none having been filed, this matter may be duly adjudicated.
Accordingly, it is ORDERED that:
1. The findings made in the magistrate judge’s Proposed
Findings and Recommendations be, and hereby are,
ADOPTED by the court and incorporated herein;
2. The respondent’s motion for summary judgment be, and
it hereby is, GRANTED;
3. The petitioner’s amended petition for writ of habeas
corpus be, and it hereby is, DENIED;
4. This civil action be, and it hereby is, DISMISSED from
the docket of this court.
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The Clerk is directed to transmit copies of this
memorandum opinion and order to the petitioner, all counsel of
record, and the United States Magistrate Judge.
ENTER: April 3, 2024
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