Mitchell v. Saad

Full title: JEROME MITCHELL, Petitioner, v. WARDEN SAAD, Respondent.

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

Date published: Mar 27, 2018

CIVIL ACTION NO.: 3:16-CV-162 (N.D.W. Va. Mar. 27, 2018)

Opinion

CIVIL ACTION NO.: 3:16-CV-162

03-27-2018

JEROME MITCHELL, Petitioner, v. WARDEN SAAD, Respondent.

GINA M. GROH CHIEF UNITED STATES DISTRICT JUDGE

(GROH)

ORDER ADOPTING REPORT AND RECOMMENDATION

On this day, the above-styled matter came before the Court for consideration of the Report and Recommendation ("R&R") of United States Magistrate Judge Robert W. Trumble. ECF No. 14. 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 on February 27, 2018. In the R&R, he 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 is required to make a de novo review of those portions of the magistrate judge's findings to which 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 as to those portions of the findings or recommendation to which no objections are addressed. 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 the Petitioner being served with a copy of the same. 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 February 27, 2018. The Petitioner accepted service on March 5, 2018. To date, no objections have been filed. Thus, this Court will review the R&R for clear error.

Upon careful review and finding no clear error, the Court ORDERS that Magistrate Judge Trumble's Report and Recommendation [ECF No. 14] is hereby ADOPTED for the reasons more fully stated therein. Accordingly, the Petitioner's § 2241 Petition [ECF No. 1] is DENIED and DISMISSED WITHOUT PREJUDICE.

The Clerk is DIRECTED to strike this matter from the Court's active docket and to transmit copies of this Order to all counsel of record herein and the pro se Petitioner.

DATED: March 27, 2018

/s/_________

GINA M. GROH

CHIEF UNITED STATES DISTRICT JUDGE