Opinion
4:22-CV-1675
04-28-2023
ERIC EWELL, Petitioner, v. WARDEN, FCI ELKTON, Respondent.
JONATHAN D. GREENBERG, MAGISTRATE JUDGE
OPINION AND ORDER ADOPTING MAGISTRATE'S REPORT AND RECOMMENDATION
CHARLES E. FLEMING UNITED STATES DISTRICT JUDGE
On September 19, 2022, Petitioner Eric Ewell (“Petitioner”) filed a Petition for a Writ of Habeas Corpus (“Petition”), pursuant to 28 U.S.C. § 2241. (ECF No. 1). On April 11, 2023, Magistrate Judge Jonathan D. Greenberg submitted a Report and Recommendation (“R&R”), recommending that the Court dismiss the Petition without prejudice for failure to prosecute. (ECF No. 17).
Fed. R. Civ. P. 72(b)(2) provides that the parties may object to an R&R within fourteen (14) days after service. The R&R gave the parties notice of the 14-day time limit for filing objections. (ECF No. 17). On April 11, 2023, a copy of the R&R was mailed to Petitioner at the address he provided the Court on October 27, 2022 (ECF No. 12). As a result, any objections by the parties were due by April 25, 2023. As of April 28, 2023, neither party filed any objections.
Under the Federal Magistrates Act, a district court must conduct a de novo review of the portions of the R&R to which the parties objected. 28 U.S.C. § 636(b)(1)(C); Fed.R.Civ.P. 72(b)(3). Absent objection, a district court may adopt an R&R without further review. See Peretz v. US, 501 U.S. 923, 939 (1991); Thomas v. Arn, 474 U.S. 140, 141-42, 149-50 (1985).
Accordingly, the Court ADOPTS Magistrate Judge Greenberg's Report and Recommendation, incorporates it fully herein by reference, and DISMISSES the Petition without prejudice. The Court also finds that there is no basis upon which to issue, and will not issue, a certificate of appealability. Fed. R. App. P. 22(b); 28 U.S.C. § 2253(c).
IT IS SO ORDERED.