Law v. Ormond, No. 3:2018cv00328 - Document 16 (E.D. Va. 2020)
Court Description: MEMORANDUM OPINION. Signed by District Judge M. Hannah Lauck on 1/9/2020. Copy to Law as directed. (jsmi, )
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Law v. Ormond Doc. 16 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division JAMEL LAW, Petitioner, V. Civil Action No.3:18CV328 J. RAY ORMOND, Respondent. MEMORANDUM OPINION Jamel Law,a federal inmate proceeding pro se, filed this petition pursuant to 28 U.S.C. § 2241 raising four claims for relief related to his criminal and post-conviction proceedings. (EOF No. 1.) On December 17,2019, the Magistrate Judge issued a Report and Recommendation wherein he recommended dismissing the § 2241 Petition without prejudice for want ofJurisdiction. (ECF No. 15.) The Court advised Law that he could file objections within fourteen(14)days after the entry ofthe Report and Recommendation. Law has not responded and the time to do so has expired. "The magistrate [judge] 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 nova determination ofthose portions ofthe report or specified proposed findings or recommendations to which objection is made." 28 U.S.C. § 636(b)(1). "The filing ofobjections to a magistrate [judge's] report enables the districtjudge to focus attention on those issues—^factual and legal— that are at the heart ofthe parties' dispute." Thomas v. Arn,474 U.S. 140,147(1985)(footnote omitted). In the absence of a specific written objection,this Court may adopt a magistrate Dockets.Justia.com 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, and the Court having determined that the Report and Recommendation is correct on its merits, the Report and Recommendation(ECF No. 15) will be ACCEPTED and ADOPTED. The Court will dismiss without prejudice Law's § 2241 Petition (ECF No. 1)for lack ofjurisdiction. Law's claims and the action will be DISMISSED. An appropriate Order will accompany this Memorandum Opinion. M. Hannah Lat ,.., An«n Date: JAN ~ 9 ZUlU Richmond, Virginia United States Dlstficf Judge
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