Keller v. Saad
Keller v. Saad
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF WEST VIRGINIA MARTINSBURG
CHARLES DERRICK KELLER,
Petitioner,
v. CIVIL ACTION NO.: 3:18-CV-188 (GROH)
JENNIFER SAAD,
Respondent.
ORDER ADOPTING REPORT AND RECOMMENDATION Now before the Court is the Report and Recommendation (AR&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. 11] on July 8, 2019. 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 of a 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 Petitioner was released from custody on June 13, 2019. However, the Petitioner's address on the docket is still listed as Pekin FCI. Accordingly, the Court has been unable to effectuate service of the R&R on the Petitioner. However, “all pro se litigants are responsible for promptly informing the Court of any change in their address, monitoring the progress of their case, and prosecuting or defending their actions diligently.”, LR Failure to notify the Clerk of Court of an address change will result in dismissal of the prisoner’s case.
Id.Thus, 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. 11] should be, and is hereby, ORDERED ADOPTED for the reasons more fully stated therein. Therefore, 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 mail a copy of this Order to the Petitioner by certified mail, return receipt requested, at his last known address as reflected on the docket sheet. DATED: July 29, 2019 7 ay GINA Z Z CHIEF UNITED STATES DISTRICT JUDGE
Reference
- Status
- Unknown