The opinion
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF WEST VIRGINIA
MARTINSBURG
BRANDON BRITT,
Petitioner,
v. CIVIL ACTION NO.: 3:24-CV-6
(GROH)
WARDEN BROWN,
Respondent.
ORDER ADOPTING REPORT AND RECOMMENDATION
Now before the Court is a Report and Recommendation (“R&R”) issued by United
States Magistrate Judge Robert W. Trumble. ECF No. 15. Pursuant to the Local Rules,
this civil action was referred to Judge Trumble for submission of a proposed R&R. Judge
Trumble issued an R&R on April 9, 2024, recommending that (1) the Petitioner’s Petition
for Habeas Corpus pursuant to 28 U.S.C. § 2241 [ECF No. 1] be denied and dismissed
without prejudice and (2) the Respondent’s Motion to Dismiss [ECF No. 9] be granted.
Pursuant to 28 U.S.C. § 636(b)(1)(C), this Court is required to make a de novo
review of those portions of the magistrate judge’s findings to which 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 as to those portions of the findings or
recommendation to which no objections are addressed. Thomas v. Arn, 474 U.S. 140,
150 (1985). Failure to file timely objections constitutes a waiver of de novo review and of
the 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 the Petitioner being served with a copy of the same. 28 U.S.C. § 636(b)(1); Fed.
R. Civ. P. 72(b). Service of the R&R was accepted on April 15, 2024. ECF No. 16. As of
the date of this Order, no objections have been filed. Therefore, after allowing additional
time for transit in the mail, the Court finds that the deadline for the Petitioner to submit
objections to the R&R has passed. Accordingly, this Court will review the R&R for
clear error.
Upon careful review of the R&R, it is the opinion of this Court that Magistrate Judge
Trumble’s Report and Recommendation [ECF No. 15] should be, and is hereby,
ORDERED ADOPTED. For the reasons more fully stated in the R&R, the Petitioner's
Petition for Habeas Corpus pursuant to 28 U.S.C. § 2241 [ECF No. 1] is DISMISSED
WITHOUT PREJUDICE, and the Respondent's Motion to Dismiss [ECF No. 9]
is GRANTED.
The Clerk of Court is DIRECTED to STRIKE this case from the Court's active
docket. The Clerk is FURTHER DIRECTED 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: July 15, 2024
ghia ok.
UNITED STATES DISTRICT JUDGE