Opinion
CIVIL ACTION NO. 5:17-cv-00802
09-14-2017
ERNEST ELI COOK, Petitioner, v. D. L. YOUNG, Warden, Respondent.
MEMORANDUM OPINION AND ORDER
On December 12, 2016, the Petitioner, proceeding 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 6) entered on January 24, 2017, this action was referred to the Honorable Omar J. Aboulhosn, 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 August 2, 2017, the Magistrate Judge submitted a Proposed Findings and Recommendation (Document 8) wherein it is recommended that the Petitioner's Application Under 28 U .S.C. § 2241 for Writ of Habeas Corpus By a Person in State or Federal Custody be dismissed, and this matter be removed from the Court's docket. Objections to the Magistrate Judge's Proposed Findings and Recommendation were due by August 21, 2017.
The docket reflects that the Proposed Findings and Recommendation mailed to the Petitioner was returned as undeliverable on August 28, 2017, and re-mailed to a different address on that date. As of September 14, 2017, no objections had been filed. --------
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 Under 28 U .S.C. § 2241 for Writ of Habeas Corpus By a Person in State or Federal Custody (Document 1) be DISMISSED, and 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 Aboulhosn, counsel of record, and any unrepresented party.
ENTER: September 14, 2017
/s/_________
IRENE C. BERGER
UNITED STATES DISTRICT JUDGE
SOUTHERN DISTRICT OF WEST VIRGINIA