Henson v. Coakley
MEMORANDUM OPINION AND ORDER: adopting the 14 Proposed Findings and Recommendations by Magistrate Judge; dismissing Petitioner's 1 Petition for Writ of Habeas Corpus Pursuant to 28 U.S.C. Section 2241, for lack of jurisdiction; removing this matter from the Court's docket. Signed by Judge Irene C. Berger on 6/8/2017. (cc: Magistrate Judge Tinsley; attys; any unrepresented party) (slr)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
CIVIL ACTION NO. 5:14-cv-19118
MEMORANDUM OPINION AND ORDER
On June 23, 2014, the Petitioner, acting pro se, filed a Petition for Writ of Habeas Corpus
Pursuant to 28 U.S.C. § 2241 (Document 1). By Standing Order (Document 4) entered on July
9, 2014, the matter 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.
On May 19, 2017, the Magistrate Judge submitted a Proposed Findings and
Recommendation (Document 14) wherein it is recommended that this Court dismiss the
Petitioner’s 2241 Petition and this civil action for lack of jurisdiction.
Objections to the
Magistrate Judge=s Proposed Findings and Recommendation were due by June 5, 2017, and none
were filed by either party.
The Court is not 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). 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 Writ of Habeas Corpus Pursuant
to 28 U.S.C. § 2241 (Document 1) and this civil action be DISMISSED for lack of jurisdiction,
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
Tinsley, counsel of record, and any unrepresented party.
June 8, 2017
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