Case Information
*1 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA AT BLUEFIELD
GLADYS HARUN,
Plaintiff,
v. CIVIL ACTION NO. 1:24-00418
WARDEN CUTWRIGHT,
Defendant.
MEMORANDUM OPINION AND ORDER
By Standing Order, this action was referred to United States Magistrate Judge Omar J. Aboulhosn for submission of
findings and recommendations regarding disposition pursuant to
28 U.S.C. § 636(b)(1)(B). Magistrate Judge Aboulhosn submitted
to the court his Findings and Recommendation (“PF&R”) on May 14,
2025, in which he recommended that the district court dismiss as
moot plaintiff’s petition for a writ of habeas corpus pursuant
to U.S.C. § 2241, deny as moot defendant’s motion to dismiss,
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
Aboulhosn’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).
*2 The parties failed to file any objections to the Magistrate Judge's Findings and Recommendation within the
seventeen-day period. Having reviewed the Findings and
Recommendation filed by Magistrate Judge Aboulhosn, the court
adopts the findings and recommendations contained therein.
Accordingly, the court hereby DISMISSES as moot plaintiff’s
petition for a writ of habeas corpus pursuant to U.S.C. § 2241,
DENIES as moot defendant’s motion to dismiss, 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.” 28 U.S.C. §
2253(c)(2). 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. Accordingly, the
court DENIES a certificate of appealability.
David A. Faber Senior *3 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 24th day of June, 2025.
ENTER:
