Reese v. Young

Filing 10

MEMORANDUM OPINION AND ORDER: Adopting and incorporating herein the 9 Proposed Findings and Recommendations of the Magistrate Judge; Denying Petitioner's 1 Petition for Writ of Habeas Corpus Under 28 U.S.C. Section 2241; Dismissing this matter with prejudice and Removing it from the Court's docket. Signed by Judge Irene C. Berger on 3/5/2019. (cc: USMJ Eifert, attys; any unrepresented party) (msa)

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

ERIC J. REESE,
Petitioner,
v.

CIVIL ACTION NO. 5:17-cv-03053

DAVID L. YOUNG,
Warden, FCI Beckley,
Respondent.

MEMORANDUM OPINION AND ORDER
On May 26, 2017, the Petitioner, proceeding pro se, filed his Petition for a Writ of Habeas
Corpus Under 28 U.S.C. § 2241 (Document 1). By Standing Order (Document 2) entered on May
30, 2017, 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 12, 2019, the Magistrate Judge submitted a Proposed Findings and
Recommendation (Document 9) wherein it is recommended that this Court deny the Petitioner’s
Petition for a Writ of Habeas Corpus Under 28 U.S.C. § 2241, dismiss the matter with prejudice,
and remove the action for the Court’s docket. Objections to the Magistrate Judge’s Proposed
Findings and Recommendation were due by March 1, 2019, 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
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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 Under
28 U.S.C. § 2241 (Document 1) be DENIED, and that the matter be DISMISSED with prejudice,
and REMOVED for 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:

2

March 5, 2019