McKinney v. United States of America

Filing 4

MEMORANDUM OPINION AND ORDER accepting and incorporating the 3 Proposed Findings and Recommendations by Magistrate Judge Tinsley; dismissing the petitioner's 1 Petition for a Writ of Habeas Corpus under 28 U.S.C. § 2241 and this civil action for lack of jurisdiction. Signed by Judge Robert C. Chambers on 7/18/2019. (cc: counsel of record; any unrepresented parties) (jsa)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA HUNTINGTON DIVISION KEITH CORNELL MCKINNEY, Petitioner, v. CIVIL ACTION NO. 3:18-0563 UNITED STATES OF AMERICA, Respondent. MEMORANDUM OPINION AND ORDER This action was referred to the Honorable Dwane L. Tinsley, 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). The Magistrate Judge has submitted findings of fact and recommended that the Court dismiss the petitioner’s Petition for a Writ of Habeas Corpus under 28 U.S.C. § 2241 (ECF No. 1) and this civil action for lack of jurisdiction. Neither party has filed objections to the Magistrate Judge’s findings and recommendations. Accordingly, the Court accepts and incorporates herein the findings and recommendation of the Magistrate Judge and DISMISSES the petitioner’s Petition for a Writ of Habeas Corpus under 28 U.S.C. § 2241 (ECF No. 1) and this civil action for lack of jurisdiction, consistent with the findings and recommendations. The Court DIRECTS the Clerk to forward copies of this written opinion and order to all counsel of record, and any unrepresented parties. ENTER: July 18, 2019 ROBERT C. CHAMBERS UNITED STATES DISTRICT JUDGE

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