# Rodriguez v. Brown, Warden

> District Court, N.D. West Virginia · February 7, 2024

URL: https://www.frixlaw.com/law-library/cases/10726666

## Case

- **Court:** District Court, N.D. West Virginia
- **Decided:** February 7, 2024
- **Opinion:** 100trialcourt
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/10726666

## Opinion text

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF WEST VIRGINIA
Wheeling

RUBEN RODRIGUEZ,
Petitioner,
V. Civil Action No. 5:23-CV-328
Judge Bailey
R. BROWN, WARDEN, and
FC! GILMER,
Respondents.

ORDER ADOPTING REPORT AND RECOMMENDATION
The above referenced case is before this Court upon the magistrate judge’s
recommendation that the case be denied and dismissed with prejudice as to petitioner’s
First Step Act claim, and dismissed without prejudice for lack of jurisdiction as to
petitioner's challenge to sentence validity.
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.
Accordingly, a review of the record indicates that the magistrate judge’s report
accurately summarizes this case and the applicable law. As such, the magistrate judge’s
report and recommendation [Doc. 11] is AFFIRMED. The petition [Doc. 1] is DENIED and
DISMISSED WITH PREJUDICE as to petitioner's First Step Act Claim, and DISMISSED
WITHOUT PREJUDICE for lack of jurisdiction as to petitioner's challenge to sentence
validity.
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 petitioner.
DATED: February 7, 2024.
She QD DPS
JOHNPRESTONBAILEY
UNITED STATES DISTRICT JUDGE

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/10726666. Public record. Not legal advice.