Opinion
CIVIL ACTION NO. 5:06-cv-00452.
July 8, 2009
MEMORANDUM OPINION AND ORDER
Pending before the Court is Plaintiff's Complaint [Docket 1]. By Standing Order entered on July 21, 2004, and filed in this case on June 12, 2006, this action was referred to United States Magistrate Judge R. Clarke VanDervort for submission of proposed findings and a recommendation (PF R). Magistrate Judge VanDervort filed his PF R [Docket 3] on June 4, 2009, recommending that this Court DISMISS Plaintiff's Complaint.
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). 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 June 19, 2009. To date, no objections have been filed.
Accordingly the Court ADOPTS the PF R [Docket 3], DISMISSES Plaintiff's Complaint [Docket 1], and REMOVES this case from the Court's docket. A separate Judgment Order will enter this day implementing the rulings contained herein.
IT IS SO ORDERED.
The Court DIRECTS the Clerk to send a copy of this Order to counsel of record and any unrepresented party.