Lugo v. Wilson, No. 3:2017cv00801 - Document 12 (E.D. Va. 2018)
Court Description: MEMORANDUM OPINION. SEE OPINION for complete details. Signed by District Judge M. Hannah Lauck on 12/19/2018. Copy mailed to Petitioner.(ccol, )
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Lugo v. Wilson Doc. 12 IN THE UNITED STATES DISTRICT COURT FOR THE EASTEN DISTRICT OF VIRGINIA Richmond Division ANDRES LUGO, v. Petitioner, Civil Action No. 3:17CV801 ERIC D. WILSON, Respondent. MEMORANDUM OPINION Andres Lugo, a federal inmate proceeding prose, iled this petition under 28 U.S.C. § 2241 challenging the execution of his sentence. On November 15,2018,the Magistrate Judge issued a Report and Recommendation wherein he recommended denying the § 2241 Petition. (ECF No. 11.) The Court advised Lugo that he could ile objections within ourteen (14) days ater the entry of the Report and Recommendation. Lugo has not responded. "The magistrate makes only a recommendation to this court. The recommendation has no presumptive weight,and the responsibility to make a inal determination remains with this court." Estrada v. Witkowski, 816 F. Supp. 408,410 (D.S.C. 1993) (citing Ma thews v. Weber, 423 U.S. 261, 270-71 (1976)). This Court "shall make a de novo determination of those portions of the report or speciied proposed indings or recommendations to which objection is made." 28 U.S.C. § 636(b)(l). "The iling of objections to a magistrate's report enables the district judge to ocus attention on those issues-actual and legal-that are at the heart of the parties' dispute." Thomas v. An, 414 U.S. 140, 147 (1985) (ootnote omitted). In the absence of a speciic written objection,this Court may adopt a magistrate judge's recommendation without conducting a de novo review. See Dia mond v. Colonia l Lfe & Accident Ins. Co., 416 F.3d 310, 316 (4th Cir. 2005). Dockets.Justia.com
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