Opinion
CIVIL ACTION NO. 3:12-CV-140
07-24-2013
PHILLIP L. HERCZECH, Petitioner v. TERRY O'BRIEN, Warden, Respondent.
(JUDGE GROH)
ORDER ADOPTING REPORT AND RECOMMENDATION
On this day, the above-styled matter came before the Court for consideration of the Report and Recommendation of United States Magistrate Judge David J. Joel [Doc. 26]. By Standing Order, entered on March 24, 2000, this action was referred to Magistrate Judge Joel for submission of a proposed report and recommendation ("R & R"). Upon his initial review, Magistrate Judge Joel filed his R & R on June 5, 2013. In that filing, the magistrate judge recommends that the Respondent's Motion to Dismiss, Or, In the Alternative, for Summary Judgment [Doc. 21] be granted, and that the Petitioner's 28 U.S.C. §2241 petition be denied and dismissed with prejudice.
Pursuant to 28 U.S.C. §636(b)(1)(c), this Court is required to make a de novo review of those portions of the magistrate judge's findings to which objection is made. However, 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). In addition, failure to file timely objections constitutes a waiver of de novo review and the plaintiff's right to appeal this Court's Order. 28 U.S.C. §636(b)(1); Snyder v. Ridenour, 889 F.2d 1363, 1366 (4th Cir. 1989); United States v. Schronce, 727 F.2d 91, 94 (4th Cir. 1984). Here, objections to Magistrate Judge Joel's R & R were due by June 27, 2013. To date, no objections have been filed. Accordingly, this Court will review the R & R for clear error.
Upon careful review of the record, it is the opinion of this Court that the magistrate judge's Report and Recommendation [Doc. 26] should be, and hereby is, ORDERED ADOPTED for the reasons more fully stated therein. Accordingly, the Respondent's Motion to Dismiss, Or, In the Alternative, For Summary Judgment [Doc. 21] is hereby GRANTED, and the Petitioner's Petition under 28 U.S.C. §2241 is hereby DENIED and DISMISSED WITH PREJUDICE.
It is so ORDERED.
The Clerk is directed to transmit copies of this Order to all counsel of record and to mail a copy to the pro se plaintiff.
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GINA M. GROH
UNITED STATES DISTRICT JUDGE