Opinion

Richardson-Brown v. Warden

Court
District Court, S.D. West Virginia
Filed
Oct 9, 2025
Cited by
0 cases
Authority
More cited than 35.5%

The opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA

AT BLUEFIELD

LATONYA RICHARDSON-BROWN,

Plaintiff,

v. CIVIL ACTION NO. 1:24-00285

WARDEN,

Defendant.

MEMORANDUM OPINION AND ORDER

By Standing Order, this action was referred to United

States Magistrate Judge Omar J. Aboulhosn for submission of

findings and recommendations regarding disposition pursuant to

28 U.S.C. § 636(b)(1)(B). Magistrate Judge Aboulhosn submitted

to the court his Findings and Recommendation (“PF&R”) on June

18, 2025, in which he recommended that the district court grant

defendant’s motion to dismiss plaintiff’s petition for a writ of

habeas corpus pursuant to U.S.C. § 2241 and remove this matter

from the court’s docket.

In accordance with the provisions of 28 U.S.C. § 636(b),

the parties were allotted fourteen days, plus three mailing

days, in which to file any objections to Magistrate Judge

Aboulhosn’s Findings and Recommendation. The failure of any

party to file such objections constitutes a waiver of such

party's right to a de novo review by this court. Snyder v.

Ridenour, 889 F.2d 1363 (4th Cir. 1989).

The parties failed to file any objections to the

Magistrate Judge's Findings and Recommendation within the

seventeen-day period. Having reviewed the Findings and

Recommendation filed by Magistrate Judge Aboulhosn, the court

adopts the findings and recommendations contained therein.

Accordingly, the court hereby GRANTS defendant’s motion to

dismiss plaintiff’s petition for a writ of habeas corpus

pursuant to U.S.C. § 2241 and directs the Clerk to remove this

matter from the court’s active docket.

Additionally, the court has considered whether to grant a

certificate of appealability. See 28 U.S.C. § 2253(c). A

certificate will not be granted unless there is “a substantial

showing of the denial of a constitutional right.” 28 U.S.C. §

2253(c)(2). The standard is satisfied only upon a showing that

reasonable jurists would find that any assessment of the

constitutional claims by this court is debatable or wrong and

that any dispositive procedural ruling is likewise debatable.

Miller-El v. Cockrell, 537 U.S. 322, 336-38 (2003); Slack v.

McDaniel, 529 U.S. 473, 484 (2000); Rose v. Lee, 252 F.3d 676,

683-84 (4th Cir. 2001). The court concludes that the governing

standard is not satisfied in this instance. Accordingly, the

court DENIES a certificate of appealability.

2

The Clerk is directed to forward a copy of this

Memorandum Opinion and Order to plaintiff and counsel of record.

IT IS SO ORDERED this 9th day of October, 2025.

ENTER:

David A. Faber

Senior 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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