Opinion
CIVIL ACTION NO. 5:20-cv-00316
10-27-2020
CHARLES N. MANN, Petitioner, v. JEANNIE L. ADKINS, et al., Respondent.
ORDER
Pending is Plaintiff's Application to Proceed in Forma Pauperis and Affidavit [Doc. 1], filed April 30, 2020. This action was previously referred to the Honorable Omar J. Aboulhosn, United States Magistrate Judge, for submission of proposed findings and a recommendation ("PF&R"). Magistrate Judge Aboulhosn filed his PF&R on May 27, 2020. Magistrate Judge Aboulhosn recommended that the Court dismiss the case pursuant to 28 U.S.C. § 1915A(b)(1) as the action fails to state a claim for which relief can be granted.
The Court need not 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. See Thomas v. Arn, 474 U.S. 140 (1985); see also 28 U.S.C. § 636(b)(1) (emphasis added) ("A judge of the court shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made."). Failure to file timely objections constitutes a waiver of de novo review and the Petitioner's right to appeal the Court's order. See 28 U.S.C. § 636(b)(1); see also United States v. De Leon-Ramirez, 925 F.3d 177, 181 (4th Cir. 2019) (parties may not typically "appeal a magistrate judge's findings that were not objected to below, as § 636(b) doesn't require de novo review absent objection."); Snyder v. Ridenour, 889 F.2d 1363, 1366 (4th Cir. 1989). Further, the Court need not conduct 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 in this case were due on June 15, 2020. No objections were filed.
Accordingly, the Court ADOPTS the PF&R [Doc. 4], DENIES the Application to Proceed in Forma Pauperis and Affidavit [Doc. 1], and DISMISSES the matter.
The Court directs the Clerk to transmit a copy of this Order to any counsel of record and any unrepresented party herein.
ENTERED: October 27, 2020
/s/_________
Frank W. Volk
United States District Judge