Opinion
Civil Case No. 06-10627, Criminal Case No. 04-50027.
May 3, 2006
ORDER ACCEPTING REPORT AND RECOMMENDATION
Before the Court is Petitioner's motion under 28 U.S.C. § 2255 and the Report and Recommendation of the Honorable Wallace Capel, Jr., United States Magistrate Judge. The Magistrate Judge recommends that this Court transfer Petitioner's motion to the district court having jurisdiction over the warden at FCI Morgantown, West Virginia. The Magistrate Judge served the Report and Recommendation on all parties on April 14, 2006. Accordingly, any objections should have been filed within ten days of service, by May 1, 2006. See 28 U.S.C. § 636(b)(1)(C); Fed.R.Civ.P. 72(b). See also Fed.R.Civ.P. 6(e). Neither party filed objections to the Report and Recommendation.
The Court's standard of review for a Magistrate Judge's Report and Recommendation depends upon whether a party files objections. If a party does not object to the Report and Recommendation, the Court does not need to conduct a review by any standard. See Lardie v. Birkett, 221 F. Supp. 2d 806, 807 (E.D. Mich. 2002) (Gadola, J.). As the Supreme Court observed, "[i]t does not appear that Congress intended to require district court review of a magistrate's factual or legal conclusions, under a de novo or any other standard, when neither party objects to those findings." Thomas v. Arn, 474 U.S. 140, 150 (1985). Since neither party has filed objections to the Report and Recommendation, the Court need not conduct a review.
Accordingly, IT IS HEREBY ORDERED that the Report and Recommendation [docket entry 28] is ACCEPTED and ADOPTED as the opinion of this Court and Petitioner's motion [docket entry 23, Civil Action No. 06-10627] is TRANSFERRED to the Northen District of West Virginia.
SO ORDERED.