Garcia v. Kallis

Full title: ROSALIE GARCIA, Petitioner, v. STEVEN KALLIS, Warden, Respondent.

Court: UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF WEST VIRGINIA MARTINSBURG

Date published: Oct 16, 2018

CIVIL ACTION NO.: 3:17-CV-112 (N.D.W. Va. Oct. 16, 2018)

Opinion

CIVIL ACTION NO.: 3:17-CV-112

10-16-2018

ROSALIE GARCIA, Petitioner, v. STEVEN KALLIS, Warden, Respondent.

GINA M. GROH CHIEF UNITED STATES DISTRICT JUDGE

(GROH)

ORDER ADOPTING REPORT AND RECOMMENDATION

Pending before the Court is the 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. 12] on September 19, 2018. In his R&R, 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 pro se Petitioner accepted service on September 24, 2018. ECF No. 13. To date, no objections have been filed. Accordingly, this Court will review the R&R for clear error.

Upon careful review of the R&R, it is the opinion of this Court that Magistrate Judge Trumble's Report and Recommendation [ECF No. 12] should be, and is hereby, ORDERED ADOPTED for the reasons more fully stated therein. Therefore, the Petitioners § 2241 Petition 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 Petitioner by certified mail, return receipt requested, at her last known address as reflected on the docket sheet.

DATED: October 16, 2018

/s/_________

GINA M. GROH

CHIEF UNITED STATES DISTRICT JUDGE