Carlisle v. Shartle, No. 2:2009cv01003 - Document 9 (S.D.W. Va. 2009)
Court Description: MEMORANDUM OPINION AND ORDER the court CONFIRMS AND ACCEPTS the magistrate judge's 8 Proposed Findings and Recommendation; DENIES petitioner's 2 Motion for leave to file in forma pauperis; DENIES the 3 Motion for an order to show cause; DENIES petitioner's 1 section 2241 petition; and DISMISSES this matter from the court's active docket. Signed by Judge David A. Faber on 12/15/2009. (cc: petitioner; attys) (taq)
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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA AT CHARLESTON DARIUS QUINARD CARLISLE, Petitioner, v. CIVIL ACTION NO. 2:09-01003 JOHN T. SHARTLE, Warden, FCI Elkton, Lisbon, OH, Respondent. MEMORANDUM OPINION AND ORDER Pending before the court is petitioner s action for habeas corpus relief, filed pursuant to 28 U.S.C. § 2241. By Standing Order, this matter was referred to United States Magistrate Judge Mary E. Stanley on September 16, 2009. Pursuant to 28 U.S.C. § 636(b), the Standing Order directs Magistrate Judge Stanley to submit proposed findings and recommendation concerning the disposition of this matter. Magistrate Judge Stanley submitted her Proposed Findings and Recommendation ( PF & R ) on November 25, 2009, recommending that this court dismiss the petition for lack of jurisdiction and as a successive motion under 28 U.S.C. § 2255. (Doc. No. 8 at 5.) 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 Stanley s PF & R. Neither party filed objections to the magistrate judge s proposed findings, and the failure to file objections within the appropriate time frame constitutes a waiver of the 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). Having reviewed the Proposed Findings and Recommendation filed by Magistrate Judge Stanley, the court (1) CONFIRMS AND ACCEPTS the magistrate judge s findings (Doc. No. 8); (2) DENIES petitioner s motion for leave to file in forma pauperis (Doc. No. 2); (3) DENIES the motion for an order to show cause (Doc. No. 3); (4) DENIES petitioner s section 2241 petition (Doc. No. 1); and (5) DISMISSES this matter from the court s active docket. The Clerk is directed to forward a copy of this Memorandum Opinion and Order to petitioner and to all counsel of record. It is SO ORDERED this 15th day of December, 2009. ENTER: David A. Faber Senior United States District Judge -2-
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