Opinion
Civil Action 1:21-CV-103
09-28-2021
KEITH ALLEN WOOD, Petitioner, v. MICHAEL J. OLEJASZ, Judge of the Circuit Court of Brooke County, West Virginia, Respondent.
MICHAEL J. OLEJASZ, Judge of the Circuit Court of Brooke County, West Virginia, Respondent.
MICHAEL J. OLEJASZ, Judge of the Circuit Court of Brooke County, West Virginia, Respondent.
Judge Kleeh
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 28 U.S.C. § 2241(c)(3) [Doc. 1] be dismissed without prejudice and petitioner's Motion for Stay of State Court Proceeding or, in the alternative, for Expedited Consideration of the Petition for Writ of Habeas Corpus [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. 3] is AFFIRMED, and petitioner's Petition for Habeas Corpus Pursuant to 28 U.S.C. § 2241(c)(3) [Doc. 1] is hereby DISMISSED WITHOUT PREJUDICE. Moreover, petitioner's Motion for Stay of State Court Proceeding or, in the alternative, for Expedited Consideration of the Petition for Writ of Habeas Corpus [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.