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Raines v. McCaffrey

United States District Court, Northern District of West Virginia
Jun 28, 2022
Civil Action 5:22-CV-66 (N.D.W. Va. Jun. 28, 2022)

Opinion

Civil Action 5:22-CV-66

06-28-2022

TISHA DAWN RAINES, Petitioner, v. WARDEN MCCAFFREY, Respondent.


ORDER ADOPTING REPORT AND RECOMMENDATION

BAILEY, JUDGE

The above referenced case is before this Court upon the magistrate judge's recommendation that petitioner's § 2241 petition be denied and dismissed.

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 forthe district court to review the factual and legal conclusions of the magistratejudge. 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.

Accordingly, a review of the record indicates that the magistrate judge's report accurately summarizes this case and the applicable law. Therefore, the magistrate judge's report and recommendation is AFFIRMED, and petitioner's § 2241 petition [Doc. 1] is DENIED AND DISMISSED.

It is so ORDERED.

The Clerk is directed to transmit copies of this Order to any counsel of record, mail a copy via certified mail to petitioner, and to dismiss this case from the active docket of this Court.


Summaries of

Raines v. McCaffrey

United States District Court, Northern District of West Virginia
Jun 28, 2022
Civil Action 5:22-CV-66 (N.D.W. Va. Jun. 28, 2022)
Case details for

Raines v. McCaffrey

Case Details

Full title:TISHA DAWN RAINES, Petitioner, v. WARDEN MCCAFFREY, Respondent.

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

Date published: Jun 28, 2022

Citations

Civil Action 5:22-CV-66 (N.D.W. Va. Jun. 28, 2022)