Opinion
CIVIL ACTION NO. 5:17-cv-02064
11-22-2019
RONALD BERRY, JR., Plaintiff, v. PRIME MEDICAL CARE and SOUTHERN REGIONAL JAIL, Defendant.
ORDER
Pending is Plaintiff's Application to Proceed without Prepayment of Fees or Costs [Doc. 1], filed March 3, 2017. This action was previously referred to United States Magistrate Judge Omar J. Aboulhosn for submission of proposed findings and a recommendation ("PF&R"). Magistrate Judge Aboulhosn filed his PF&R on September 25, 2019. Magistrate Judge Aboulhosn recommended the Court deny Plaintiff's Application, dismiss the Complaint, and remove this matter from the Court's docket.
The Court need not 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. See Thomas v. Arn, 474 U.S. 140 (1985); see also 28 U.S.C. § 636(b)(1) (emphasis added) ("A judge of 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."). Failure to file timely objections constitutes a waiver of de novo review and the Petitioner's right to appeal the Court's order. See 28 U.S.C. § 636(b)(1); see also United States v. De Leon-Ramirez, 925 F.3d 177, 181 (4th Cir. 2019) (parties may not typically "appeal a magistrate judge's findings that were not objected to below, as § 636(b) doesn't require de novo review absent objection."); Snyder v. Ridenour, 889 F.2d 1363, 1366 (4th Cir. 1989). Further, the Court need not conduct de novo review when a party "makes general and conclusory objections that do not direct the Court to a specific error in the magistrate's proposed findings and recommendations." Orpiano v. Johnson, 687 F.2d 44, 47 (4th Cir. 1982). Objections in this case were due on October 15, 2019. No objections were filed.
Accordingly, the Court ADOPTS the PF&R [Doc. 9], DENIES the Application to Proceed Without Prepayment of Fees or Costs [Doc. 1], DISMISSES the Complaint [Doc. 3], and DISMISSES the matter.
The Court directs the Clerk to transmit a copy of this Order to any counsel of record and any unrepresented party herein.
ENTERED: November 22, 2019
/s/_________
Frank W. Volk
United States District Judge