Opinion
1:20-CV-111
03-31-2022
STEVEN B. BOYD, JR., Petitioner, v. FCI MCKEAN WARDEN, Respondents.
MEMORANDUM ORDER
SUSAN PARADISE BAXTER, United States District Judge
This action was received by the Clerk of Court on May 13, 2020. The matter was referred to United States Magistrate Judge Richard A. Lanzillo, for report and recommendation in accordance with the Magistrate Judges Act, 28 U.S.C. § 636(b)(1), and Rules 72.1.3 and 72.1.4 of the Local Rules for Magistrate Judges.
On October 4, 2021, Magistrate Judge Lanzillo issued a Report and Recommendation recommending that the petition be dismissed for lack of jurisdiction. ECF No. 15. Despite being given the opportunity to do so, Petitioner failed to file any Objections to the Report and Recommendation.
"If a party objects timely to a magistrate judge's report and recommendation, the district court must 'make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made.'" EEOC v. City of Long Branch, 866 F.3d 93, 99 (3d Cir. 2017) quoting 28 U.S.C. § 636(b)(1). Regardless of whether timely objections are made, district courts may accept, reject, or modify-in whole or in part- the magistrate judge's findings or recommendations. 28 U.S.C. § 636(b)(1); Local Rule 72(D)(2).
After de novo review of the filings and documents in the case, together with the report and recommendation thereto, the following order is entered:
AND NOW, this 31th day of March 2022;
IT IS HEREBY ORDERED that the petition for writ of habeas corpus by a federal prisoner pursuant to 28 U.S.C. § 2241 be dismissed for lack of jurisdiction.
IT IS FURTHER ORDERED that the report and recommendation of Magistrate Judge Lanzillo, issued on October 4, 2021 [ECF No. 15] is adopted as the opinion of the court.