Opinion
CIVIL ACTION NO. 1:16CV121
10-07-2016
HENRY CHRISTOPHER DAVIS, Petitioner, v. B. VON BLANCKENSEE, Respondent.
( ) ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION [DKT. NO. 11]
On June 20, 2016, the petitioner, Henry Christopher Davis ("Davis"), filed a Petition for Writ of Habeas Corpus under 28 U.S.C. § 2241 (Dkt. No. 1). Pending before the Court is the Report and Recommendation ("R&R") of the Honorable Michael J. Aloi, United States Magistrate Judge, dated August 16, 2016 (Dkt. No. 11). Although Davis received the R&R on August 25, 2016 (Dkt. No. 13), he has not filed any objections to it.
Parties may object to the proposed findings and recommendations of a magistrate judge within fourteen days of receipt. 28 U.S.C. § 636(b)(1)(C). This Court is required to review de novo only those portions of the magistrate judge's findings to which objection is made. Id. "[T]he Court may adopt, without explanation, any of the magistrate judge's recommendations to which the prisoner does not object." Dellacirprete v. Gutierrez, 479 F. Supp. 2d 600, 603-04 (N.D.W. Va. 2007) (citing Camby v. Davis, 718 F.2d 198, 199 (4th Cir. 1983)). Because Davis has not filed any objections, the Court's review of the R&R is for clear error.
Upon review of the R&R and the record, the Court adopts the opinion of the Magistrate Judge for the reasons discussed in the R&R (Dkt. No. 11). Therefore, the Court:
1. ADOPTS the R&R (Dkt. No. 11);
2. DENIES the petition (Dkt. No. 1); and
3. DISMISSES this civil action WITH PREJUDICE and ORDERS that it be STRICKEN from the active docket of this Court.
It is so ORDERED.
The Court DIRECTS the Clerk to enter a separate judgment order and to transmit copies of both orders to counsel of record and to the pro se plaintiff by certified mail, return receipt requested. DATED: October 7, 2016.
/s/ Irene M. Keeley
IRENE M. KEELEY
UNITED STATES DISTRICT JUDGE