Opinion
CIVIL ACTION NO. 5:13-cv-15324
01-06-2014
ADAM M. GLOWKA, Petitioner, v. WARDEN ZEIGLER, Respondent.
MEMORANDUM OPINION AND ORDER
The Court has reviewed the Petitioner's June 24, 2013, Application Under 28 U.S.C. § 2241 for Writ of Habeas Corpus By a Person in State or Federal Custody (Document 2).
By Standing Order (Document 7) entered on June 27, 2013, this action was referred to the Honorable Cheryl A. Eifert, 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 December 11, 2013, the Magistrate Judge submitted a Proposed Findings and Recommendation (Document 15) wherein it is recommended that: 1) this Court dismiss the Petitioner's Application Under 28 U.S.C. § 2241 for Writ of Habeas Corpus By a Person in State or Federal Custody with prejudice, with the exception that claims alleging inadequate medical care be dismissed without prejudice to allow the Petitioner an opportunity to file a civil rights action, if desired; and 2) this Court remove this matter from the Court's docket. Objections to the Magistrate Judge's Proposed Findings and Recommendation were due by December 30, 2013.
Neither party has timely filed objections to the Magistrate Judge's Proposed Findings and Recommendation. 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: 1) the Petitioner's Application Under 28 U.S.C. §2241 for Writ of Habeas Corpus By a Person in State or Federal Custody (Document 2) be DISMISSED with prejudice, with the exception that claims alleging inadequate medical care be DISMISSED without prejudice to allow the Petitioner an opportunity to file a civil rights action, if desired; and 2) 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 Eifert, counsel of record, and any unrepresented party.
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IRENE C. BERGER
UNITED STATES DISTRICT JUDGE
SOUTHERN DISTRICT OF WEST VIRGINIA