Opinion

Leveke v. Brown

Court
District Court, N.D. West Virginia
Filed
Feb 5, 2024
Cited by
0 cases
Authority
More cited than 32.7%

The opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF WEST VIRGINIA

Wheeling

CODY RAY LEVEKE,

Petitioner,

V. Civil Action No. 5:23-CV-265

Judge Bailey

WARDEN BROWN, and MARICOPA

COUNTY SHERIFF,

Respondents.

ORDER ADOPTING REPORT AND RECOMMENDATION

The above referenced case is before this Court upon the magistrate judge’s

recommendation that the respondent Brown’s Motion for Summary Judgment [Doc. 13] be

granted and the Petition for Habeas Corpus Pursuant to 28 U.S.C. § 2241 [Doc. 1] be

denied and dismissed with prejudice.

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. 16] is ADOPTED. Moreover, the respondent

Brown's Motion for Summary Judgment [Doc. 13] is GRANTED, the Petition for Habeas

Corpus Pursuant to 28 U.S.C. § 2241 [Doc. 1] is DENIED AND DISMISSED WITH

PREJUDICE, and petitioner's Notice of Impending Custody Transfer [Doc. 17] is DENIED

AS MOOT. The Clerk is DIRECTED TO STRIKE the above-styled matter 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 herein

and to send a copy to petitioner by certified mail, return receipt requested, to his last known

address as shown on the docket.

DATED: February 45, 2024.

hi. LS

JOHN PRESTON BAILEY

UNITED STATES DISTRICT JUDGE

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.