Petri v. D. Berkebile, Warden, No. 5:2009cv00361 - Document 16 (S.D.W. Va. 2009)

Court Description: MEMORANDUM OPINION AND ORDER: The Court ADOPTS Magistrate Judge VanDervort's 14 Proposed Findings and Recommendation in its entirety, DISMISSES Petitioner's 1 Writ of Habeas Corpus without prejudice; and DIRECTS the Clerk to remove this action from the Court's active docket. A separate judgment order will enter this day, implementing the rulings contained herein. Signed by Judge Thomas E. Johnston on 11/3/2009. (cc: USMJ VanDervort; attys; any unrepresented party) (mls)

Download PDF
IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA BECKLEY DIVISION DAVID A. PETRI, Petitioner, v. CIVIL ACTION NO. 5:09-cv-00361 D. BERKEBILE, Respondent. MEMORANDUM OPINION AND ORDER David A. Petri, pro se (Petitioner) brought the present action under 28 U.S.C. § 2241, seeking a Writ of Habeas Corpus [Docket 1]. By standing order entered in this case on April 14, 2009, his suit was referred to Magistrate Judge R. Clarke VanDervort for proposed findings of fact and a recommendation (PF&R) (Docket 3). Subsequently, Petitioner filed a motion seeking leave to voluntarily withdraw his complaint, as the issues contained therein have been amicably resolved at this time by both parties. [Docket 13] On October 6, 2009, Magistrate Judge VanDervort issued a PF&R recommending the dismissal of Petitioner s application without prejudice [Docket 14]. This Court is not required to review, under a de novo or any other standard, the factual or legal conclusions of the magistrate judge as to those portions of the findings or recommendation to which no objections are addressed. Thomas v. Arn, 474 U.S. 140, 150 (1985). In addition, failure to file timely objections constitutes a waiver of de novo review and the petitioner s right to appeal this Court s order. Snyder v. Ridenour, 889 F.2d 1363, 1366 (4th Cir. 1989); United States v. Schronce, 727 F.2d 91, 94 (4th Cir. 1984). Here, objections to Magistrate Judge VanDervort s PF&R were due on October 26, 2009, pursuant to 28 U.S.C. § 636(b)(1) and Fed. R. Civ. P. 72(b). To date, no objections have been filed. Accordingly, the Court hereby (1) ADOPTS Magistrate Judge VanDervort s PF&R in its entirety [Docket 14], (2) DISMISSES Petitioner s Petition for Writ of Habeas Corpus [Docket 1] without prejudice, and (3) DIRECTS the Clerk to remove this action from the Court s active docket. A separate judgment order will enter this day, implementing the rulings contained herein. IT IS SO ORDERED. This Court further DIRECTS the Clerk to provide a copy of this Order to all counsel of record, Petitioner, pro se, and Magistrate Judge VanDervort. ENTER: 2 November 3, 2009

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.