Melendez-Rocha v. Rickard, No. 1:2016cv03481 - Document 10 (S.D.W. Va. 2019)

Court Description: MEMORANDUM OPINION AND ORDER: The court ADOPTS the 9 Proposed Findings and Recommendation by Magistrate Judge Dwane L. Tinsley, FINDS that the plaintiff has received the proper prior custody credit and that his sentences have been properly executed , DENIES plaintiff's 1 Petition for Writ of Habeas Corpus (2241) and this civil action, and removes this matter from the court's docket. The court DENIES a certificate of appealability. Signed by Senior Judge David A. Faber on 5/28/2019. (cc: plaintiff and counsel of record) (arb)

Download PDF
Melendez-Rocha v. Rickard Doc. 10 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA AT BLUEFIELD BENJAMIN MELENDEZ-ROCHA, Plaintiff, v. CIVIL ACTION NO. 1:16-cv-03481 BARBARA RICKARD, Warden, Defendant. MEMORANDUM OPINION AND ORDER By Standing Order, this action was referred to United States Magistrate Judge Dwane L. Tinsley for submission of findings and recommendations regarding disposition pursuant to 28 U.S.C. § 636(b)(1)(B). Magistrate Judge Tinsley submitted to the court his Findings and Recommendation (“PF&R”) on April 11, 2019, in which he recommended that the district court dismiss plaintiff’s Petition for a Writ of Habeas Corpus under 28 U.S.C. § 2241. (ECF No. 1). In accordance with the provisions of 28 U.S.C. § 636(b), the parties were allotted fourteen days, plus three mailing days, in which to file any objections to Magistrate Judge Tinsley’s Findings and Recommendation. The failure of any party to file such objections constitutes a waiver of such party's right to a de novo review by this court. Snyder v. Ridenour, 889 F.2d 1363 (4th Cir. 1989). Dockets.Justia.com The parties failed to file any objections to the Magistrate Judge's Findings and Recommendation within the seventeen-day period. Having reviewed the Findings and Recommendation filed by Magistrate Judge Tinsley, the court adopts the findings and recommendations contained therein. Accordingly, the court FINDS that the plaintiff has received the proper prior custody credit and that his sentences have been properly executed. Therefore, the court hereby DENIES plaintiff’s Petition for a Writ of Habeas Corpus under 28 U.S.C. § 2241 (ECF No. 1) and this civil action and removes this matter from the court’s docket. Additionally, the court has considered whether to grant a certificate of appealability. See 28 U.S.C. § 2253(c). A certificate will not be granted unless there is “a substantial showing of the denial of a constitutional right.” 2253(c)(2). 28 U.S.C. § The standard is satisfied only upon a showing that reasonable jurists would find that any assessment of the constitutional claims by this court is debatable or wrong and that any dispositive procedural ruling is likewise debatable. Miller-El v. Cockrell, 537 U.S. 322, 336-38 (2003); Slack v. McDaniel, 529 U.S. 473, 484 (2000); Rose v. Lee, 252 F.3d 676, 683-84 (4th Cir. 2001). The court concludes that the governing standard is not satisfied in this instance. court DENIES a certificate of appealability. 2 Accordingly, the The Clerk is directed to forward a copy of this Memorandum Opinion and Order to plaintiff and counsel of record. IT IS SO ORDERED this 28th day of May, 2019. ENTER: David A. Faber Senior United States District Judge 3

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.