The opinion
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF WEST VIRGINIA
MARTINSBURG
FRANK ANTHONY AMODEO,
Petitioner,
v. CIVIL ACTION NO.: 3:23-CV-107
(GROH)
R. BROWN, Warden FCI Gilmer,
Respondent.
ORDER ADOPTING REPORT AND RECOMMENDATION
Now before the Court is a Report and Recommendation (“R&R”) of United States
Magistrate Judge Robert W. Trumble. Pursuant to this Court’s Local Rules, this action
was referred to Magistrate Judge Trumble for submission of a proposed R&R. Magistrate
Judge Trumble issued his R&R [ECF No. 11] on October 12, 2023. Therein, Magistrate
Judge Trumble recommends that the Petitioner’s § 2241 petition [ECF No. 1] be denied
and dismissed with prejudice.
Pursuant to 28 U.S.C. § 636(b)(1)(C), this Court must conduct a de novo review of
the magistrate judge’s findings where objection is made. However, the Court is not
required to review, under a de novo or any other standard, the factual or legal conclusions
of the magistrate judge to which no objection is made. Thomas v. Arn, 474 U.S. 140, 150
(1985). Failure to file timely objections constitutes a waiver of de novo review and
Petitioner’s right to appeal this Court’s Order. 28.U.S.C. § 636(b)(1); Snyder v. Ridenour,
889 F.2d 1363, 1366 (4th Cir. 1989); United States v. Schronce, 727 F.2d 91, 94 (4th Cir.
1984).
Objections to Magistrate Judge Trumble’s R&R were due within fourteen plus three
days of service. 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b). The R&R was mailed to the
Petitioner by certified mail on October 12, 2023. ECF No. 11. The Petitioner accepted
service on October 17, 2023. ECF No. 12. To date, no objections have been filed.
Accordingly, this Court reviews the R&R for clear error.
Upon careful review and thoughtful consideration, it is the opinion of this Court that
Magistrate Judge Trumble’s R&R [ECF No. 11] should be, and is hereby, ORDERED
ADOPTED for the reasons more fully stated therein. Therefore, the Respondent’s [ECF
No. 7] Motion to Dismiss is GRANTED and the Petitioner’s § 2241 Petition [ECF No. 1]
is DENIED and DISMISSED WITH PREJUDICE.
This matter is ORDERED STRICKEN from the Court’s active docket. The Clerk of
Court is DIRECTED to TERMINATE as MOOT any pending Motions and to mail a copy
of this Order to the pro se Petitioner by certified mail, return receipt requested, at his last
known address as reflected on the docket sheet.
DATED: November 27, 2023
UNITED STATES DISTRICT JUDGE