Brown v. Zickefoose, No. 2:2009cv00735 - Document 4 (S.D.W. Va. 2009)
Court Description: MEMORANDUM OPINION AND ORDER adopting Magistrate Judge Stanley's 3 Proposed Findings and Recommendation; denying Petitioner's 1 Petition/Letter-Form Motion for relief pursuant to 18 U.S.C. 3621(e)(2)(B), construed by the Clerk as having been filed pursuant to 28 U.S.C. 2241; pursuant to Federal Rule of Appellate Procedure 4(a)(1)(B), petitioner must file any appeal within 60 days after entry of the Judgment in this action; the failure within that period to file with the Clerk of th is court a notice of appeal of the Judgment will render this memorandum opinion and order and the Judgment final and unappealable. Signed by Judge John T. Copenhaver, Jr. on 8/17/2009. (cc: pro-se petitioner, attys and the United States Magistrate Judge) (mkw) Modified on 8/19/2009 to correct typo (rap).
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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF WEST VIRGINIA AT CHARLESTON BRIDGIT BROWN, Petitioner v. CIVIL ACTION NO. 2:09-0735 DONNA ZICKEFOOSE, Warden, FCI Danbury, Respondent MEMORANDUM OPINION AND ORDER The court having received the proposed findings and recommendation of the United States Magistrate Judge filed on July 16, 2009, pursuant to the provisions of 28 U.S.C. § 636(b)(1)(B); and having reviewed the record in this proceeding; and there being no objections filed by either the respondent or the petitioner to the proposed findings and recommendation; and it appearing proper so to do, it is ORDERED that the findings and conclusions made in the proposed findings and recommendation of the magistrate judge be, and they hereby are, adopted by the court. It is, accordingly, ORDERED that the petitioner s letter-form motion for relief pursuant to 18 U.S.C. § 3621(e)(2)(B), construed by the Clerk as having been filed pursuant to 28 U.S.C. § 2241, be, and it hereby is, denied. Pursuant to Federal Rule of Appellate Procedure 4(a)(1)(B), petitioner must file any appeal within 60 days after entry of the Judgment in this action. The failure within that period to file with the Clerk of this court a notice of appeal of the Judgment will render this memorandum opinion and order and the Judgment final and unappealable. The Clerk is directed to forward copies of this written opinion and order to the pro se petitioner, all counsel of record, and the United States Magistrate Judge. DATED: August 17, 2009 John T. Copenhaver, Jr. United States District Judge 2
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