Conway v. Collins

Filing 10

MEMORANDUM OPINION AND ORDER: The Court ADOPTS and incorporates the findings and recommendation of the Magistrate Judge as contained in the 9 Proposed Findings and Recommendation, and ORDERS that Petitioner's 2 Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. Section 2241 be DISMISSED and that this matter be REMOVED from the Court's docket. Signed by Judge Irene C. Berger on 02/29/2016. (cc: Magistrate Judge Eifert; attys; any unrepresented party) (msa) Modified text on 2/29/2016 (cds).

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
BECKLEY DIVISION

ROBERT CONWAY,
Petitioner,
v.

CIVIL ACTION NO. 5:14-cv-15756

JOE COAKLEY,
Respondent.

MEMORANDUM OPINION AND ORDER
On May 2, 2014, the Petitioner filed his pro se Petition for a Writ of Habeas Corpus
pursuant to 28 U.S.C. § 2241 (Document 2). By Standing Order (Document 3) entered on May
14, 2014, the matter was referred to the Honorable Cheryl A. Eifert, 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.
On February 9, 2016, the Magistrate Judge submitted a Proposed Findings and
Recommendation (Document 9) wherein it is recommended that the Petitioner’s Petition for a Writ
of Habeas Corpus pursuant to 28 U.S.C. § 2241 (Document 2) be dismissed and that this matter
be removed from the Court’s docket. Objections to the Magistrate Judge=s Proposed Findings
and Recommendation were due by February 26, 2016.
Neither party has timely filed objections to the Magistrate Judge=s Proposed Findings and
Recommendation. The Court is not required to review, under a de novo or any other standard, the
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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).
Failure to file timely objections constitutes a waiver of de novo review and the Petitioner=s right to
appeal this Court=s Order. 28 U.S.C. ' 636(b)(1); see also Snyder v. Ridenour, 889 F.2d 1363,
1366 (4th Cir. 1989); United States v. Schronce, 727 F.2d 91, 94 (4th Cir. 1984).
Accordingly, the Court ADOPTS and incorporates herein the findings and
recommendation of the Magistrate Judge as contained in the Proposed Findings and
Recommendation, and ORDERS that the Petitioner’s Petition for a Writ of Habeas Corpus
pursuant to 28 U.S.C. § 2241 (Document 2) be DISMISSED and that this matter be REMOVED
from the Court’s docket.
The Court DIRECTS the Clerk to send a certified copy of this Order to Magistrate Judge
Eifert, counsel of record, and any unrepresented party.
ENTER:

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February 29, 2016