Opinion
CIVIL ACTION NO. 5:16-cv-09266
05-02-2017
PASTOR MACHUCA-SECUNDINO, Petitioner, v. D. L. YOUNG, Warden, Respondent.
MEMORANDUM OPINION AND ORDER
On September 30, 2016, the Petitioner, acting pro-se, filed his Application Under 28 U .S.C. § 2241 for Writ of Habeas Corpus By a Person in State or Federal Custody (Document 1). By Standing Order (Document 4) entered on October 3, 2016, the matter 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 April 11, 2017, the Magistrate Judge submitted a Proposed Findings and Recommendation (Document 11) wherein it is recommended that this Court dismiss the Petitioner's Application without prejudice and remove this matter from the Court's docket. Objections to the Magistrate Judge's Proposed Findings and Recommendation were due by April 28, 2017.
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 the Petitioner's Application (Document 1) be DISMISSED without prejudice and this matter be REMOVED from the Court's docket.
Additionally, for the reasons more fully set forth in the Magistrate Judge's Order to Show Cause (Document 9), as well as the reasons in the Proposed Findings and Recommendation, the Court ORDERS that the Petitioner's Motion for Abeyance (Document 6) and Application to Proceed Without Prepayment of Fees and Costs (Document 7) be DENIED.
The Court DIRECTS the Clerk to send a certified copy of this Order to Magistrate Judge Eifert, counsel of record, and any unrepresented party.
ENTER: May 2, 2017
/s/_________
IRENE C. BERGER
UNITED STATES DISTRICT JUDGE
SOUTHERN DISTRICT OF WEST VIRGINIA