Leonard v. Hickey, No. 1:2006cv00734 - Document 4 (S.D.W. Va. 2009)
Court Description: MEMORANDUM OPINION AND ORDER CONFIRMING AND ACCEPTING 3 the PROPOSED FINDINGS AND RECOMMENDATION of Magistrate Judge R. Clarke VanDervort; DISMISSING 1 Petitioner's 2241 APPLICATION and DIRECTING the Clerk to remove this action from the Court's active docket. Signed by Senior Judge David A. Faber on 7/1/2009. (cc: Petitioner, Pro Se and counsel of record) (arb)
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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA AT BLUEFIELD VICKIE LEONARD, Petitioner, v. CIVIL ACTION NO. 1:06-0734 DEBORAH HICKEY, Warden, FPC Alderson, Respondent. MEMORANDUM OPINION AND ORDER Pending before the court is petitioner s Application Under 28 U.S.C. § 2241 for Writ of Habeas Corpus by a Person in State or Federal Custody. (Doc. No. 1.) By Standing Order entered August 1, 2006, and filed in this case on September 25, 2006, this matter was referred to United States Magistrate Judge R. Clarke VanDervort. Pursuant to 28 U.S.C. § 636(b)(1)(B), the Standing Order directs Magistrate Judge VanDervort to submit proposed findings and recommendation concerning the disposition of this matter. Magistrate Judge VanDervort submitted his Proposed Findings and Recommendation ( PF & R ) on May 22, 2009, recommending that this court dismiss petitioner s Section 2241 Application and remove this matter from the court s active docket. (Doc. No. 3 at 3-4.) In accordance with the provisions of 28 U.S.C. § 636(b), the parties were allotted ten days, plus three mailing days, in which to file any objections to Magistrate Judge VanDervort s PF & R. Under § 636(b), the failure of any party to file objections within the appropriate time frame constitutes a waiver of that party s right to a de novo review by this court. Snyder v. Ridenour, 889 F.2d 1363 (4th Cir. 1989); Thomas v. Arn, 474 U.S. 140 (1985). Neither party has filed objections to the PF & R, and the time period for doing so has now elapsed. Having reviewed the Proposed Findings and Recommendation filed by Magistrate Judge VanDervort, the court hereby (1) CONFIRMS AND ACCEPTS the findings and conclusions contained therein (Doc. No. 3); (2) DISMISSES the Application (Doc. No. 1); and (3) DIRECTS the Clerk to remove this action from the court s active docket. The Clerk is directed to forward copies of this Memorandum Opinion and Order to all counsel of record and to any unrepresented party. It is SO ORDERED this 1st day of July, 2009. ENTER: David A. Faber Senior United States District Judge -2-
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