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Gordon v. Saad

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF WEST VIRGINIA MARTINSBURG
Jan 21, 2020
CIVIL ACTION NO.: 3:18-CV-91 (N.D.W. Va. Jan. 21, 2020)

Opinion

CIVIL ACTION NO.: 3:18-CV-91

01-21-2020

MARIO L. GORDON, Petitioner, v. JENNIFER SAAD, Warden, Respondent.


(GROH)

ORDER ADOPTING REPORT AND RECOMMENDATION

Now 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. 20] on December 20, 2019. Therein, Magistrate Judge Trumble recommends the Petitioner's § 2241 petition [ECF No. 10] be denied and dismissed with prejudice because the identical issue has already been decided in a prior § 2255 proceeding in the United States District Court for the Southern District of Illinois. Alternatively, Magistrate Judge Trumble recommends the Petitioner's § 2241 petition [ECF No. 10] be denied and dismissed without prejudice because the Petitioner fails to meet the test set forth in United States v. Wheeler, 886 F.3d 415 (4th Cir. 2018).

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 R&R was mailed to the Petitioner by certified mail on December 20, 2019. ECF No. 20. The Petitioner accepted service on December 24, 2019. ECF No. 22. 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. 20] should be, and is hereby, ORDERED ADOPTED for the reasons more fully stated therein. Therefore, the Petitioner's § 2241 Petition [ECF No. 10] is DENIED and DISMISSED WITH PREJUDICE because the identical issue has already been decided in a prior § 2255 proceeding by the Southern District of Illinois.

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 pro se Petitioner by certified mail, return receipt requested, at his last known address as reflected on the docket sheet.

DATED: January 21, 2020

/s/_________

GINA M. GROH

CHIEF UNITED STATES DISTRICT JUDGE


Summaries of

Gordon v. Saad

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF WEST VIRGINIA MARTINSBURG
Jan 21, 2020
CIVIL ACTION NO.: 3:18-CV-91 (N.D.W. Va. Jan. 21, 2020)
Case details for

Gordon v. Saad

Case Details

Full title:MARIO L. GORDON, Petitioner, v. JENNIFER SAAD, Warden, Respondent.

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

Date published: Jan 21, 2020

Citations

CIVIL ACTION NO.: 3:18-CV-91 (N.D.W. Va. Jan. 21, 2020)