Opinion

Johnson v. Brown

Court
District Court, N.D. West Virginia
Filed
Nov 13, 2024
Cited by
0 cases
Authority
More cited than 32.9%

The opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF WEST VIRGINIA

MARTINSBURG

RONALD L. JOHNSON,

Petitioner,

v. CIVIL ACTION NO.: 3:23-CV-247

(GROH)

WARDEN BROWN,

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. 24] on September 13, 2024.

Therein, Magistrate Judge Trumble recommends that the Petitioner’s § 2241 petition

[ECF No. 1] be denied and dismissed without 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 September 13, 2024. ECF No. 24. Despite the

Petitioner not updating his address, the Court—in light of prior Fourth Circuit

decisions—directed the Clerk to mail copies to the address on the docket and according

to the BOP’s inmate locator. 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. 24] should be, and is hereby,

ORDERED ADOPTED for the reasons more fully stated therein. Therefore, the Motion

to Dismiss [ECF No. 18] is GRANTED, and the Petitioner’s § 2241 Petition [ECF No. 1]

is DENIED and DISMISSED WITHOUT PREJUDICE.

This matter is ORDERED STRICKEN from the Court’s active docket. The Clerk

of Court is DIRECTED to TERMINATE as MOOT any other 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 13, 2024

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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.

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