Opinion
Civil Action 5:24-CV-125
08-14-2024
JOHN C. MACCOLL, Petitioner, v. M.J. BAYLESS, Respondent.
ORDER ADOPTING REPORT AND RECOMMENDATION
John Preston Bailey Judge
The above-styled matter came before this Court for consideration of the Report and Recommendation of United States Magistrate Judge Mazzone [Doc. 7], Pursuant to this Court's Local Rules, this action was referred to Magistrate Judge Mazzone for submission of a proposed report and a recommendation (“R&R”). Magistrate Judge Mazzone filed his R&R on July 22, 2024, wherein he recommends that the petition submitted by petitioner be denied and dismissed without prejudice.
This Court is charged with conducting a de novo review of any portion of the magistrate judge's report to which a specific objection is registered, and may accept, reject, or modify, in whole or in part, the recommendations contained in that report. 28 U.S.C. § 636(b)(1). However, absent prompt objection by a dissatisfied party, it appears that Congress did not intend for the district court to review the factual and legal conclusions of the magistrate judge. Thomas v. Arn, 474 U.S. 140 (1985). Additionally, any party who fails to file timely, written objections to the magistrate judge's report pursuant to 28 U.S.C. § 636(b)(1) waives the right to raise those objections at the appellate court level. United States v. Schronce, 727 F.2d 91 (4th Cir. 1984), cert, denied, 467 U.S. 1208 (1984). No objections have been filed to the magistrate judge's report and recommendation.
A de novo review of the record indicates that the magistrate judge's report accurately summarizes this case and the applicable law. Accordingly, the magistrate judge's report and recommendation [Doc. 7] is ADOPTED. Petitioner's Petition [Doc. 1] is DENIED AND DISMISSED WITHOUT PREJUDICE.
It is so ORDERED.
The Clerk is directed to transmit copies of this Order to any counsel of record herein.