Peeler v. Deboo

Full title: CURTIS WAYNE PEELER, Petitioner, v. WARDEN KUMA DEBOO, Respondent

Court: United States District Court, N.D. West Virginia

Date published: Apr 5, 2011

CIVIL ACTION NO. 1:10CV196 (N.D.W. Va. Apr. 5, 2011)

Opinion

CIVIL ACTION NO. 1:10CV196.

April 5, 2011

ORDER ADOPTING REPORT AND RECOMMENDATION (DKT. 17), GRANTING MOTION TO DISMISS (DKT. 13), AND DISMISSING § 2241 PETITION WITH PREJUDICE

IRENE KEELEY, District Judge

Pending before the Court is the Report and Recommendation ("R R") of United States Magistrate Judge James E. Seibert, recommending that the Court grant the motion to dismiss, or in the alternative for summary judgment, filed by the respondent in this § 2241 action. The pro se petitioner failed to respond to both the motion to dismiss and the R R, despite being warned that such a failure would waive his right to object to dismissal of this petition.

Accordingly, the Court ADOPTS the R R (dkt. 17) in its entirety, GRANTS the motion to dismiss (dkt. 13), and DISMISSES this case WITH PREJUDICE.

It is so ORDERED.

The Court directs the Clerk to prepare a separate judgment order and to transmit copies of both orders to counsel of record, and to the pro se petitioner via certified mail, return receipt requested.

Exhibit