Meadows v. Searls, No. 2:2023cv00399 - Document 15 (S.D.W. Va. 2023)

Court Description: ORDER adopting the 14 Proposed Findings and Recommendations; denying the 2 Petition for Writ of Habeas Corpus; granting Respondent's 10 Motion to Dismiss; directing that this matter is dismissed without prejudice and removed from the Court's docket. Signed by Senior Judge John T. Copenhaver, Jr. on 10/17/2023. (cc: counsel of record; any unrepresented parties; United States Magistrate Judge) (lca)

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Meadows v. Searls Doc. 15 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF WEST VIRGINIA AT CHARLESTON ERIC MEADOWS, Plaintiff, v. Civil Action No. 2:23-cv-00399 SHELBY SEARLS, Defendant. ORDER Pending before the court is the Proposed Findings and Recommendation (“PF&R”) of United States Magistrate Judge Cheryl A. Eifert, entered on September 26, 2023. ECF No. 14. The Magistrate Judge recommends that respondent’s motion to dismiss, ECF No. 10, be granted; Meadow’s petition, ECF No. 2, be denied for failure to exhaust state court remedies; and this matter be dismissed, without prejudice, and removed from the docket of the court. In reviewing a PF&R, the court “may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge.” 28 U.S.C. § 636(b)(1). Upon the filing of an objection to a PF&R, the court “shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made.” Id. Failure to object to a PF&R constitutes waiver of Dockets.Justia.com de novo review, in which case the court reviews the PF&R for clear error. See Fed. R. Civ. P. 73 Advisory Committee notes. There being no objections to the PF&R, it is ORDERED that the PF&R be, and hereby is, adopted by the court and incorporated herein. 1. 2. 3. It is, therefore, ORDERED as follows: The petition is DENIED for failure to exhaust state court remedies; The respondent’s motion to dismiss is GRANTED; This matter is DISMISSED, without prejudice, and REMOVED from the court’s docket. The Clerk is directed to transmit copies of this order to any unrepresented parties, all counsel of record, and the United States Magistrate Judge. ENTER: October 17, 2023 2

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