Rodriguez-Valdez v. Wilson, No. 3:2013cv00385 - Document 10 (E.D. Va. 2015)
Court Description: MEMORANDUM OPINION. Signed by District Judge John A. Gibney, Jr. on 01/14/2015. (ccol, )
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Rodriguez-Valdez v. Wilson Doc. 10 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division STEPHEN RODRIGUEZ-VALDEZ, Petitioner, V. Civil Action No. 3:13CV385 ERIC WILSON, Respondent. MEMORANDUM OPINION Stephen Rodriguez-Valdez, a federal inmate proceeding pro se, filed this petition under 28 U.S.C. § 2241 (hereinafter, "§ 2241 Petition,"EOF No. 1). Rodriguez-Valdez challenges his conviction of an institutional iniraction. (§ 2241 Pet. ^T|5-6.) On November 25, 2014, the Magistrate Judge issued a Report and Recommendation that recommended granting Respondent's Motion for Summary Judgment and dismissing the action. The Court advised Valdez that he could file objections within fourteen (14) days after the entry of the Report and Recommendation. Rodriguez-Valdez has not responded. "The magistrate makes only a recommendation to this court. The recommendation has no presumptive weight, and the responsibility to make a final determination remains with this court." Estrada v. Witkowski, 816 F. Supp. 408, 410 (D.S.C. 1993) (citing Mathews v. Weber, 423 U.S. 261,270-71 (1976)). This Court"shall makea de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made." 28 U.S.C. § 636(b)(1). "The filing of objections to a magistrate's report enables the district judge to focus attention on those issues—factual and legal—that are at the heart of the parties' dispute." Thomas v. Arn, 474 U.S. 140, 147 (1985). In the absence of a specific written objection, this Dockets.Justia.com
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