Opinion
Civil Action 3:21-CV-79 (GROH)
11-09-2021
DANIEL EMERSON NORTON, Petitioner, v. F.J. BOWERS, Warden Respondent.
ORDER ADOPTING REPORT AND RECOMMENDATION
Now before the Court is a Report and Recommendation ("R&R") of United States Magistrate Judge Robert W. Trumble. Pursuant to this Court's Local Rules, this action was referred to Magistrate Judge Trumble for submission of a proposed R&R. Magistrate Judge Trumble issued his R&R [ECF No. 17] on August 31, 2021. Therein, Magistrate Judge Trumble recommends that the Petitioner's motion for injunctive relief [ECF No. 5] be denied.
Pursuant to 28 U.S.C. § 636(b)(l)(C), this Court must conduct a de novo review of the magistrate judge's findings where 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 to which no objection is made. Thomas v. Arn, 474 U.S. 140, 150 (1985). Failure to file timely objections constitutes a waiver of de novo review and of a petitioner's right to appeal this Court's Order. 28.U.S.C. § 636(b)(1); Snyder v. Ridenour, 889 F.2d 1363, 1366 (4th C¡r. 1989); United States v. Schronce, 727 F.2d 91, 94 (4th C¡r. 1984).
Objections to Magistrate Judge Trumble's R&R were due within fourteen plus three days of service. 28 U.S.C. § 636(b)(1); Fed.R.Civ.P. 72(b). The R&R was mailed to the Petitioner by certified mail on August 31, 2021. ECF No. 17. The Petitioner accepted service on September 3, 2021. ECF No. 18. To date, no objections have been filed. Accordingly, this Court reviews the R&R for clear error.
Upon careful review and thoughtful consideration, it is the opinion of this Court that Magistrate Judge Trumble's R&R [ECF No. 17] should be, and is hereby, ORDERED ADOPTED for the reasons more fully stated therein. Therefore, the Petitioner's Motion for Consideration to Order an Injunction is DENIED. ECF No. 5.
The Clerk of Court is DIRECTED to mail a copy of this Order to the pro se Petitioner by certified mail, return receipt requested, at his last known address as reflected on the docket sheet and to transmit copies to all counsel of record.