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Bendt v. Antonelli

United States District Court, Northern District of West Virginia
Mar 11, 2022
Civil Action 3:19-CV-137 (N.D.W. Va. Mar. 11, 2022)

Opinion

Civil Action 3:19-CV-137

03-11-2022

JASON AARON BENDT, Petitioner, v. ANTONELLI, Warden Respondent.


ORDER ADOPTING REPORT AND RECOMMENDATION

GINA M. GROH CHIEF UNITED STATES DISTRICT JUDGE

Now before the Court is a Report and Recommendation (“R&R”) of United States Magistrate Judge Robert W. Trumble. Pursuant to this Court's Local Rules, this action was referred to Magistrate Judge Trumble for submission of a proposed R&R. Magistrate Judge Trumble issued his R&R [ECF No. 15] on January 12, 2022. Therein, Magistrate Judge Trumble recommends that the Petitioner's § 2241 petition [ECF No. 1] be denied and dismissed without prejudice.

Pursuant to 28 U.S.C. § 636(b)(1)(C), this Court must conduct a de novo review of the magistrate judge's findings where objection is made. However, the Court is not required to review, under a de novo or any other standard, the factual or legal conclusions of the magistrate judge to which no objection is made. Thomas v. Arn, 474 U.S. 140, 150 (1985). Failure to file timely objections constitutes a waiver of de novo review and of a petitioner's right to appeal this Court's Order. 28.U.S.C. § 636(b)(1); Snyder v. Ridenour, 889 F.2d 1363, 1366 (4th Cir. 1989); United States v. Schronce, 727 F.2d 91, 94 (4th Cir. 1984).

Objections to Magistrate Judge Trumble's R&R were due within fourteen plus three days of service. 28 U.S.C. § 636(b)(1); Fed.R.Civ.P. 72(b). The R&R was mailed to the Petitioner by certified mail on January 12, 2021. ECF No. 15. The Petitioner accepted service on January 18, 2021. ECF No. 16. To date, no objections have been filed. Accordingly, this Court reviews the R&R for clear error.

Upon careful review and thoughtful consideration, it is the opinion of this Court that Magistrate Judge Trumble's R&R [ECF No. 15] should be, and is hereby, ORDERED ADOPTED for the reasons more fully stated therein. Therefore, the Petitioner's § 2241 Petition [ECF No. 1] is DENIED and DISMISSED WITHOUT PREJUDICE.

This matter is ORDERED STRICKEN from the Court's active docket. The Clerk of Court is DIRECTED to mail a copy of this Order to the pro se Petitioner by certified mail, return receipt requested, at his last known address as reflected on the docket sheet.


Summaries of

Bendt v. Antonelli

United States District Court, Northern District of West Virginia
Mar 11, 2022
Civil Action 3:19-CV-137 (N.D.W. Va. Mar. 11, 2022)
Case details for

Bendt v. Antonelli

Case Details

Full title:JASON AARON BENDT, Petitioner, v. ANTONELLI, Warden Respondent.

Court:United States District Court, Northern District of West Virginia

Date published: Mar 11, 2022

Citations

Civil Action 3:19-CV-137 (N.D.W. Va. Mar. 11, 2022)