Birdsong v. Ponton, No. 3:2014cv00131 - Document 19 (E.D. Va. 2015)

Court Description: MEMORANDUM OPINION. Signed by District Judge James R. Spencer on 3/10/2015. (sbea, )

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Birdsong v. Ponton Doc. 19 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division CHARLES A. BIRDSONG, Petitioner, Civil Action No. 3:14CVI31 V. HENRY PONTON, Respondent. MEMORANDUM OPINION Charles A. Birdsong, a Virginia inmate proceeding pro se, filed this petition for a writ of habeas corpus under 28 U.S.C. § 2254 ("§ 2254 Petition," ECF No. 1) challenging his convictions of a variety of institutional infractions at the Nottoway Correctional Center. On January 9,2015, the Magistrate Judge issued a Report and Recommendation that recommended denying the § 2254 Petition and dismissing the action because Birdsong had failed to state a viable claim for habeas relief. The Court advised Birdsong that he could file objections within fourteen (14) days after the entry ofthe Report and Recommendation. Birdsong moved for an extension oftime to file objections. By Memorandum Order entered on February 10,2015, the Court granted Birdsong an extension ofeleven (11) days from the date ofentry thereof to file objections. More than eleven (11) days have elapsed since the entry ofthe February 10,2015 Memorandum Order and Birdsong has not filed objections. "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 make a de novo determination ofthose portions of the report or specified proposed findings or recommendations to which objection is made." 28 Dockets.Justia.com 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 Court may adopt a magistrate judge's recommendation without conducting a de novo review. See Diamond v. Colonial Life &Accident Ins. Co., 416 F.3d 310, 316 (4th Cir. 2005). There being no objections, the Report and Recommendation will be ACCEPTED and ADOPTED. The § 2254 Petition will be DENIED and the action will be DISMISSED. Respondent's Motion to Dismiss (ECF No. 12) for lack of exhaustion will be DENIED AS MOOT. The action will be DISMISSED. An appropriate Final Order will accompany this Memorandum Opinion. Date: Richmond, Virginia James R. Spencer Senior U. S. Dislrict Judge

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