Restituyo-Garcia v. Cokley

Filing 14

MEMORANDUM OPINION AND ORDER: The Court ADOPTS the 11 Proposed Findings and Recommendation of the Magistrate Judge, and ORDERS that the Petitioner's 1 Application Under 28 U.S.C. Section 2241 for Writ of Habeas Corpus by a Person in State or Federal Custody be DISMISSED and that the matter be REMOVED from the Court's docket. Signed by Judge Irene C. Berger on 2/27/2017. (cc: Magistrate Judge Aboulhosn; attys; any unrepresented party) (slr)

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

DARLYN RESTITUYO-GARCIA,
Petitioner,
v.

CIVIL ACTION NO. 5:16-cv-07323

WARDEN COKLEY,
Respondent.

MEMORANDUM OPINION AND ORDER
On August 8, 2016, the Petitioner, acting pro se, filed his Application Under 28 U.S.C. §
2241 for Writ of Habeas Corpus By a Person in State or Federal Custody (Document 1). By
Standing Order (Document 2) entered on August 9, 2016, the matter 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.
On January 31, 2017, the Magistrate Judge submitted a Proposed Findings and
Recommendation (Document 11) wherein it is recommended that this Court dismiss the
Petitioner’s 2241 Application and remove this matter from the Court’s docket. Objections to the
Magistrate Judge=s Proposed Findings and Recommendation were due by February 17, 2017.
Neither party has timely filed objections to the Magistrate Judge=s Proposed Findings and
Recommendation.1 The Court is not required to review, under a de novo or any other standard, the

1

On February 24, 2017, the Court received from the Petitioner a request for status of his case (Document 12).

1

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 Application Under 28 U.S.C. § 2241 for Writ
of Habeas Corpus By a Person in State or Federal Custody (Document 1) be DISMISSED and
that the matter be REMOVED from the Court’s docket.
The Court DIRECTS the Clerk to send a certified copy of this Order to Magistrate Judge
Aboulhosn, counsel of record, and any unrepresented party.
ENTER:

2

February 27, 2017