Morgan v. Young, No. 5:2019cv00041 - Document 5 (S.D.W. Va. 2019)
Court Description: MEMORANDUM OPINION AND ORDER ADOPTING the 4 Proposed Findings and Recommendation of the Magistrate Judge; DENYING the Petitioner's 1 Application to Proceed without Prepayment of Fees and Costs; DISMISSING the Petitioner's 2 Petition for a Writ of Habeas Corpus Under 28 U.S.C. Section 2241; REMOVING this matter from the Court's docket. Signed by Judge Irene C. Berger on 7/3/2019. (cc: attys; any unrepresented party; Magistrate Judge Aboulhosn) (btm)
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Morgan v. Young Doc. 5 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA BECKLEY DIVISION MARCUS MORGAN, Petitioner, v. CIVIL ACTION NO. 5:19-cv-00041 WARDEN D. L. YOUNG, Respondent. MEMORANDUM OPINION AND ORDER On January 14, 2919, the Petitioner, proceeding pro se, filed an Application to Proceed Without Prepayment of Fees and Costs (Document 1) and a Petition for a Writ of Habeas Corpus Under 28 U.S.C. § 2241 (Document 2). By Standing Order (Document 3) entered on January 15, 2019, the matter was referred to the Honorable Omar J. Aboulhosn, United States Magistrate Judge, for submission to this Court of proposed findings of fact and recommendation for disposition, pursuant to 28 U.S.C. § 636. On June 10, 2019, the Magistrate Judge submitted a Proposed Findings and Recommendation (Document 4) wherein it is recommended that this Court deny the Petitioner’s Application to Proceed Without Prepayment of Fees and Costs (Document 1), dismiss the Petitioner’s Petition for a Writ of Habeas Corpus Under 28 U.S.C. § 2241 (Document 2), and remove this matter from the Court’s docket. Objections to the Magistrate Judge’s Proposed Findings and Recommendation were due by June 24, 2019, and none were filed by either party. 1 Dockets.Justia.com The 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). Failure to file timely objections constitutes a waiver of de novo review and the Petitioner’s right to appeal this Court’s Order. 28 U.S.C. § 636(b)(1); see also Snyder v. Ridenour, 889 F.2d 1363, 1366 (4th Cir. 1989); United States v. Schronce, 727 F.2d 91, 94 (4th Cir. 1984). Accordingly, the Court ADOPTS and incorporates herein the findings and recommendation of the Magistrate Judge as contained in the Proposed Findings and Recommendation, and ORDERS that the Petitioner’s Application to Proceed Without Prepayment of Fees and Costs (Document 1) be DENIED, the Petitioner’s Petition for a Writ of Habeas Corpus Under 28 U.S.C. § 2241 (Document 2) be DISMISSED, and this matter be REMOVED from the Court’s docket. The Court DIRECTS the Clerk to send a certified copy of this Order to Magistrate Judge Aboulhosn, counsel of record, and any unrepresented party. ENTER: 2 July 3, 2019
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