Dolin v. State of West Virginia
Dolin v. State of West Virginia
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
CHARLESTON DIVISION
KENNA DOLIN,
Petitioner,
v. CIVIL ACTION NO. 2:15-cv-00947
STATE OF WEST VIRGINIA,
Respondent.
MEMORANDUM OPINION AND ORDER
Pending before the Court is Petitioner Kenna Dolin’s Petition for a Writ of Habeas Corpus Under
28 U.S.C. § 2241. (ECF No. 1.) On February 17, 2015, this action was referred to United States Magistrate Judge Dwane L. Tinsley for submission of proposed findings of fact and recommendations for disposition (“PF&R”). Magistrate Judge Tinsley filed his PF&R on October 3, 2017, recommending that this Court dismiss Petitioner’s Petition for a Writ of Habeas Corpus. (ECF No. 4.) 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 a party’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). 1 Objections to the PF&R in this case were due on October 20, 2017. To date, no objections have been filed. The Court therefore ADOPTS the PF&R, (ECF No. 4), and DISMISSES Petitioner’s § 2241 motion, (ECF No. 1). The Court further DIRECTS the Clerk to remove this case from the Court’s docket. IT IS SO ORDERED. The Court DIRECTS the Clerk to send a copy of this Order to counsel of record and any unrepresented party. ENTER: November 1, 2017
GE UNITED STATES DISTRICT JUDGE
Reference
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