Opinion
CIVIL ACTION NO. 2:18-cv-01348
03-23-2020
JASON BARNETTE, Plaintiff, v. EQUIFAX, INC., et al., Defendants.
ORDER
Pending before the Court is Defendants Pennsylvania Higher Education Assistance Agency d/b/a FedLoan Servicing and Educational Credit Management Corporation's ("Defendants") Motion to Dismiss. (ECF No. 35.) By standing order entered on January 4, 2016, and filed in this case on October 11, 2018, (ECF No. 2), this action was referred to United States Magistrate Judge Dwane L. Tinsley for submission of proposed findings and a recommendation for disposition ("PF&R"). Magistrate Judge Tinsley filed his PF&R on December 12, 2019, recommending that this Court grant Defendants' unopposed Motion to Dismiss and then dismiss this case in its entirety as there are no other pending claims. (ECF No. 41 at 15.)
This 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 PF&R 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 Plaintiff'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). In addition, this Court need not conduct a 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 to the PF&R in this case were due on December 30, 2019. (ECF No. 41.) To date, Plaintiff has failed to submit any objections in response to the PF&R, thus constituting a waiver of de novo review and Plaintiff's right to appeal this Court's order.
Accordingly, the Court ADOPTS the PF&R, (ECF No. 41), in full and GRANTS Defendants' Motion to Dismiss, (ECF No. 35). Accordingly, the Court DISMISSES this action because there are no claims remaining. The Court further DIRECTS the Clerk to remove this matter from the Court's docket.
IT IS SO ORDERED.
The Court DIRECTS the Clerk to send a copy of this Order to counsel of record and any unrepresented party.
ENTER: March 23, 2020
/s/_________
THOMAS E. JOHNSTON, CHIEF JUDGE