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Pilgrim v. Adams

United States District Court, Northern District of West Virginia
Sep 28, 2021
Civil Action 1:20-CV-197 (N.D.W. Va. Sep. 28, 2021)

Opinion

Civil Action 1:20-CV-197

09-28-2021

CHRISTINA MARIE PILGRIM, Petitioner, v. P. ADAMS, WARDEN, Respondent.


ORDER ADOPTING REPORT AND RECOMMENDATION

THOMAS S. KLEEH UNITED STATES DISTRICT JUDGE

The above referenced case is before this Court upon the magistrate judge's recommendation that petitioner's Petition for Habeas Corpus Pursuant to § 2241[Doc. 1] be denied and dismissed without prejudice to her right to file a Bivens action and petitioner's Motion to Proceed In Forma Pauperis [Doc. 2] be denied as moot.

This Court is charged with conducting a de novo review of any portion of the magistrate judge's report to which a specific objection is registered, and may accept, reject, or modify, in whole or in part, the recommendations contained in that report. 28 U.S.C. § 636(b)(1). However, absent prompt objection by a dissatisfied party, it appears that Congress did not intend for the district court to review the factual and legal conclusions of the magistrate judge. Thomas v. Arn, 474 U.S. 140 (1985). Additionally, any party who fails to file timely, written objections to the magistrate judge's report pursuant to 28 U.S.C. § 636(b)(1) waives the right to raise those objections at the appellate court level. United States v. Schronce, 727 F.2d 91 (4th Cir. 1984), cert. denied, 467 U.S. 1208 (1984). No objections have been filed to the magistrate judge's report and recommendation.

A de novo review of the record indicates that the magistrate judge's report accurately summarizes this case and the applicable law. Accordingly, the magistrate judge's report and recommendation [Doc. 6] is AFFIRMED, and petitioner's Petition for Habeas Corpus Pursuant to § 2241 [Doc. 1] is DENIED AND DISMISSED WITHOUT PREJUDICE. Moreover, petitioner's Motion to Proceed In Forma Pauperis [Doc. 2] is hereby DENIED AS MOOT. This Court further DIRECTS the Clerk to enter judgment in favor of the respondent and to STRIKE this case from the active docket of this Court.

It is so ORDERED.

The Clerk is directed to transmit copies of this Order to any counsel of record and to mail a copy to the pro se petitioner.


Summaries of

Pilgrim v. Adams

United States District Court, Northern District of West Virginia
Sep 28, 2021
Civil Action 1:20-CV-197 (N.D.W. Va. Sep. 28, 2021)
Case details for

Pilgrim v. Adams

Case Details

Full title:CHRISTINA MARIE PILGRIM, Petitioner, v. P. ADAMS, WARDEN, Respondent.

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

Date published: Sep 28, 2021

Citations

Civil Action 1:20-CV-197 (N.D.W. Va. Sep. 28, 2021)