Speller v. Commonwealth of Virginia, No. 3:2015cv00781 - Document 9 (E.D. Va. 2016)
Court Description: MEMORANDUM OPINION. Signed by District Judge Henry E. Hudson on 7/28/2016. Copy mailed to Pro Se Petitioner. (jsmi, )
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Speller v. Commonwealth of Virginia Doc. 9 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division WALTER Z. SPELLER, Petitioner, Civil Action No. 3:15CV781-HEH V. COMMONWEALTH OF VIRGINIA, Respondent. MEMORANDUM OPINION (Adopting Report and Recommendation and Dismissing Action) Walter Z. Speller, a Virginia inmate proceedingpro se, filed this petition for habeas corpus under 28 U.S.C. § 2254 ("§ 2254 Petition," ECF No. 1). On May 20, 2016, the Magistrate Judge issued a Report and Recommendation. The Magistrate Judge recommended that the Court dismiss the § 2254 Petition as an unauthorized, successive 28 U.S.C. § 2254 Petition. The MagistrateJudge advised Spellerthat he could file objections within fourteen (14) days afterthe entry of the Report and Recommendation. Speller 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 make a 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 districtjudge to focus attention on those Dockets.Justia.com 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 action will be dismissed for lack ofjurisdiction. The Court will deny a certificate of appealability. An appropriate Final Order will accompany this Memorandum Opinion. fsl Date: M Richmond,'Virginia Henry E. Hudson United States District Judge
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