Opinion
CIVIL ACTION NO.: 3:20-CV-82
02-01-2021
TRAVIS CLARK, Petitioner, v. ROBERT HUDGINS, Respondent.
(GROH)
ORDER ADOPTING REPORT AND RECOMMENDATION
Now before the Court is a Report and Recommendation ("R&R") filed by 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. 16] on December 7, 2020. Therein, Magistrate Judge Trumble recommends that the Petitioner's § 2241 petition [ECF No. 1] be denied. ECF No. 16 at 11. He further recommends that the Respondent's Motion to Dismiss, or in the Alternative, for Summary Judgment [ECF No. 13] be granted and that the § 2241 proceeding be dismissed with 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).
The Petitioner's 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 December 7, 2020. ECF No. 16. The Petitioner accepted service on December 17, 2020. To date, no objections have been filed. Accordingly, this Court reviews the R&R for clear error.
Upon careful review and thoughtful consideration, the Court finds that Magistrate Judge Trumble's R&R [ECF No. 16] should be, and is hereby, ADOPTED for the reasons more fully stated therein. Therefore, the Petitioner's § 2241 Petition [ECF No. 1] is DENIED, and the Respondent's Motion to Dismiss, or in the Alternative, for Summary Judgment [ECF No. 13] is GRANTED. The Court ORDERS that this action be DISMISSED WITH PREJUDICE and 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.
DATED: February 1, 2021
/s/_________
GINA M. GROH
CHIEF UNITED STATES DISTRICT JUDGE