Mayo v. Walz

E.D. Virginia

Mayo v. Walz

DecidedAugust 7, 2020

Docket3:20-cv-00215

StatusUnknown

This text of Mayo v. Walz (Mayo v. Walz) is published on Counsel Stack Legal Research, covering District Court, E.D. Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Mayo v. Walz, (E.D. Va. 2020).

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division JONATHAN MAYO, Petitioner, v. Civil Action No. 3:20CV215 CHRIS WALZ, et ai., Respondents. MEMORANDUM OPINION Jonathan Mayo, a Virginia inmate proceeding pro se, filed this petition under 28 U.S.C. § 2254 challenging his January 2020 convictions in the Circuit Court of the City of Newport News. On June 30, 2020, the Magistrate Judge issued a Report and Recommendation wherein he recommended dismissing the § 2254 Petition for lack of exhaustion. (ECF No. 9.) The Court advised Mayo that he could file objections within fourteen (14) days after the entry of the Report and Recommendation. Mayo has not responded. “The magistrate [judge] makes only a recommendation to this court. The recommendation has no presumptive weight, and the responsibility to make a final determination remains with this court.” Estrada v. Witkowski, 816 F. Supp. 408, 410 (D.S.C. 1993) (citing Mathews v. Weber, 423 U.S. 261, 270-71 (1976)). This Court “shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made.” 28 U.S.C. § 636(b)(1). “The filing of objections to a magistrate’s report enables the district judge to focus attention on those issues—factual and legal—that are at the heart of the parties’ dispute.” Thomas v. Arn, 474 U.S. 140, 147 (1985) (footnote omitted). In the absence of a specific written objection, this Court may adopt a magistrate judge’s

recommendation without conducting a de novo review. See Diamond v. Colonial Life & Accident Ins. Co., 416 F.3d 310, 316 (4th Cir. 2005). There being no objections, and the Court having determined that the Report and Recommendation is correct on its merits, the Report and Recommendation (ECF No. 9) will be ACCEPTED and ADOPTED. Mayo’s claims and the action will be DISMISSED. A certificate of appealability will be DENIED. An appropriate Order will accompany this Memorandum Opinion.

zl? — M. Hann phe fv gost 1, 2020 United States District Judge Richmond, Virginia

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division JONATHAN MAYO, Petitioner, v. Civil Action No. 3:20CV215 CHRIS WALZ, et ai., Respondents. MEMORANDUM OPINION Jonathan Mayo, a Virginia inmate proceeding pro se, filed this petition under 28 U.S.C. § 2254 challenging his January 2020 convictions in the Circuit Court of the City of Newport News. On June 30, 2020, the Magistrate Judge issued a Report and Recommendation wherein he recommended dismissing the § 2254 Petition for lack of exhaustion. (ECF No. 9.) The Court advised Mayo that he could file objections within fourteen (14) days after the entry of the Report and Recommendation. Mayo has not responded. “The magistrate [judge] makes only a recommendation to this court. The recommendation has no presumptive weight, and the responsibility to make a final determination remains with this court.” Estrada v. Witkowski, 816 F. Supp. 408, 410 (D.S.C. 1993) (citing Mathews v. Weber, 423 U.S. 261, 270-71 (1976)). This Court “shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made.” 28 U.S.C. § 636(b)(1). “The filing of objections to a magistrate’s report enables the district judge to focus attention on those issues—factual and legal—that are at the heart of the parties’ dispute.” Thomas v. Arn, 474 U.S. 140, 147 (1985) (footnote omitted). In the absence of a specific written objection, this Court may adopt a magistrate judge’s

recommendation without conducting a de novo review. See Diamond v. Colonial Life & Accident Ins. Co., 416 F.3d 310, 316 (4th Cir. 2005). There being no objections, and the Court having determined that the Report and Recommendation is correct on its merits, the Report and Recommendation (ECF No. 9) will be ACCEPTED and ADOPTED. Mayo’s claims and the action will be DISMISSED. A certificate of appealability will be DENIED. An appropriate Order will accompany this Memorandum Opinion.

zl? — M. Hann phe fv gost 1, 2020 United States District Judge Richmond, Virginia

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