Johnson v. Reherman, No. 1:2019cv00596 - Document 13 (S.D.W. Va. 2022)

Court Description: MEMORANDUM OPINION AND ORDER adopting the 10 Proposed Findings and Recommendations by Magistrate Judge; denying plaintiff's 1 Petition for Writ of Habeas Corpus (2241); dismissing this matter with prejudice and directing the Clerk to remove this case from the court's active docket. The court denies a certificate of appealability. Signed by Senior Judge David A. Faber on 3/10/2022. (cc: plaintiff; counsel of record) (arb)

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Johnson v. Reherman Doc. 13 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA AT BLUEFIELD EDNECDIA SUTINA JOHNSON, Plaintiff, v. CIVIL ACTION NO. 1:19-00596 WARDEN REHERMAN, Alderson FPC, Defendant. MEMORANDUM OPINION AND ORDER By Standing Order, this action was referred to United States Magistrate Judge Cheryl A. Eifert for submission of findings and recommendations regarding disposition pursuant to 28 U.S.C. § 636(b)(1)(B). Magistrate Judge Eifert submitted to the court her Findings and Recommendation (“PF&R”) on June 11, 2020, in which she recommended that the district court deny plaintiff’s petition under 28 U.S.C. § 2241, dismiss this matter with prejudice, and remove this matter from the court’s docket. 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 Eifert’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 On June 22, 2020, plaintiff filed a response to the PF&R. See ECF No. 11. Although she alleges that the PF&R contains factual inaccuracies, plaintiff concedes that her petition should be denied as moot. Having reviewed the Findings and Recommendation filed by Magistrate Judge Eifert, the court adopts the findings and recommendations contained therein. Accordingly, the court hereby DENIES plaintiff’s petition under 28 U.S.C. § 2241, DISMISSES this matter with prejudice, and directs the Clerk to remove this case from the court’s active 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 10th day of March, 2022. ENTER: David A. Faber Senior United States District Judge 3

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