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Kalasho v. United States

United States District Court, Northern District of West Virginia
Jan 18, 2023
Civil Action 3:21-CV-171 (N.D.W. Va. Jan. 18, 2023)

Opinion

Civil Action 3:21-CV-171

01-18-2023

DHIA SHAKIR KALASHO, Petitioner, v. UNITED STATES OF AMERICA, Respondent.


ORDER ADOPTING REPORT AND RECOMMENDATION

GROH, JUDGE

Now before the Court is a 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. 22] on October 7, 2022. Therein, Magistrate Judge Trumble recommends that the Petitioner's § 2241 petition [ECF No. 1] be denied and 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).

Objections to Magistrate Judge Trumble's R&R were due within fourteen days of the date it was entered. 28 U.S.C. § 636(b)(1); Fed.R.Civ.P. 72(b). To date, no objections have been filed. Accordingly, this Court reviews the R&R for clear error.

Upon careful review and thoughtful consideration, it is the opinion of this Court that Magistrate Judge Trumble's R&R [ECF No. 22] should be, and is hereby, ORDERED ADOPTED for the reasons more fully stated therein. Therefore, the Petitioner's § 2241 Petition [ECF No. 1] is DENIED and DISMISSED WITH PREJUDICE.

This matter is ORDERED STRICKEN from the Court's active docket. The Clerk of Court is DIRECTED to transmit a copy of this Order to all counsel of record herein.


Summaries of

Kalasho v. United States

United States District Court, Northern District of West Virginia
Jan 18, 2023
Civil Action 3:21-CV-171 (N.D.W. Va. Jan. 18, 2023)
Case details for

Kalasho v. United States

Case Details

Full title:DHIA SHAKIR KALASHO, Petitioner, v. UNITED STATES OF AMERICA, Respondent.

Court:United States District Court, Northern District of West Virginia

Date published: Jan 18, 2023

Citations

Civil Action 3:21-CV-171 (N.D.W. Va. Jan. 18, 2023)