Opinion

Brown v. Coakley

Court
District Court, S.D. West Virginia
Filed
Apr 30, 2018
Cited by
0 cases
Authority
More cited than 32.7%

The opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA

BECKLEY DIVISION

ERNEST J. BROWN,

Petitioner,

v. CIVIL ACTION NO. 5:15-cv-11349

JOE COAKLEY, Warden, FCI Beckley,

Respondent.

MEMORANDUM OPINION AND ORDER

On July 20, 2015, the Petitioner, proceeding pro se, filed his Application Under 28 U.S.C.

§ 2241 for Writ of Habeas Corpus By a Person in State or Federal Custody (Document 1). By

Standing Order (Document 4) entered that same date, this action was referred to the Honorable

Dwane L. Tinsley, United States Magistrate Judge, for submission to this Court of proposed

findings of fact and recommendation for disposition, pursuant to 28 U.S.C. § 636.

On April 2, 2018, the Magistrate Judge submitted a Proposed Findings and

Recommendation (Document 6) wherein it is recommended that the Petitioner’s Application Under

28 U.S.C. § 2241 for Writ of Habeas Corpus By a Person in State or Federal Custody (Document

1) be denied, and that this matter be dismissed from the Court’s docket. Objections to the

Magistrate Judge=s Proposed Findings and Recommendation were due by April 19, 2018, and none

were filed by either party.1

1 The docket reflects that the Proposed Findings and Recommendation mailed to the Petitioner was

returned as undeliverable on April 9, 2018.

1

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 the Petitioner’s right to appeal this

Court’s Order. 28 U.S.C. § 636(b)(1); see also Snyder v. Ridenour, 889 F.2d 1363, 1366 (4th Cir.

1989); United States v. Schronce, 727 F.2d 91, 94 (4th Cir. 1984).

Accordingly, the Court ADOPTS and incorporates herein the findings and

recommendation of the Magistrate Judge as contained in the Proposed Findings and

Recommendation, and ORDERS that the Petitioner’ s Application Under 28 U.S.C. § 224] for Writ

of Habeas Corpus By a Person in State or Federal Custody (Document 1) be DENIED, and that

this matter be DISMISSED from the Court’s docket.

The Court DIRECTS the Clerk to send a certified copy of this Order to Magistrate Judge

Tinsley, counsel of record, and any unrepresented party.

ENTER: April 30, 2018

UNITED STATES DISTRICT JUDGE

SOUTHERN DISTRICT OF WEST VIRGINIA

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.

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