Opinion
CIVIL ACTION NO. 5:19-cv-693
01-11-2021
MR. ZAIN NABAWI, Plaintiff, v. WARDEN D.L. YOUNG, MEDICAL NURSE ROSE, and "All Present Staff in Kitchen at Time of Incident," Defendants.
ORDER
Pending is Defendant Warden D.L. Young's Motion to Dismiss, or in the Alternative, Motion for Summary Judgment [Doc. 22], filed August 3, 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 December 17, 2020. Magistrate Judge Aboulhosn recommended that the Court grant Defendant Young's Motion to Dismiss, or in the Alternative, Motion for Summary Judgment and refer the matter anew to him for further proceedings.
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) ("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.") (emphasis added). 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 January 4, 2021. No objections were filed.
Accordingly, the Court ADOPTS the PF&R [Doc. 37], GRANTS Defendant Young's Motion to Dismiss, or in the Alternative, Motion for Summary Judgment [Doc. 22], and REFERS the matter anew to the Magistrate Judge for further proceedings.
The Court directs the Clerk to transmit a copy of this Order to any counsel of record and any unrepresented party.
ENTERED: January 11, 2021
/s/_________
Frank W. Volk
United States District Judge