Eilola v. Terry

Filing 31

ORDER accepting and incorporating the 30 Proposed Findings and Recommendation by Magistrate Judge; granting the respondent's 11 Motion to Dismiss; and the 1 Petition for Writ of Habeas Corpus is DISMISSED without prejudice. Signed by Judge Joseph R. Goodwin on 6/28/2017. (cc: Magistrate Judge Aboulhosn; counsel of record; any unrepresented party) (taq)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
CHARLESTON DIVISION
DAVID HAROLD EILOLA,
Petitioner,
v.

CIVIL ACTION NO. 2:16-cv-11572

RALPH TERRY,
Respondent.
ORDER
Pending before this court is the respondent’s Motion to Dismiss [ECF No. 11].
The Motion was referred to the Honorable Omar J. Aboulhosn, United States
Magistrate Judge, for submission to this court of proposed findings of fact and
recommendation for disposition, pursuant to 28 U.S.C. § 636(b)(1)(B). On June 6,
2017, the Magistrate Judge submitted the Proposed Findings and Recommendation
[ECF No. 30] recommending that the court GRANT the Motion to Dismiss [ECF No.
11] and DISMISS without prejudice the Petition for Writ of Habeas Corpus [ECF
No. 1].
Neither party has filed objections to the Magistrate Judge’s findings and
recommendation. 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.” § 636(b)(1). The 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). As the parties have not filed
objections in this case, the court accepts and incorporates herein the findings and
recommendation of the Magistrate Judge and orders judgment consistent with the
findings and recommendation. Accordingly, the Motion to Dismiss [ECF No. 11] is
GRANTED and the Petition [ECF No. 1] is DISMISSED without prejudice.
The court DIRECTS the Clerk to send a copy of this Order to Magistrate Judge
Aboulhosn, counsel of record, and any unrepresented party.
ENTER:

June 28, 2017

_________________________________________
JOSEPH R. GOODWIN
UNITED STATES DISTRICT JUDGE

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