Opinion
Civil Action 5:21-cv-406
01-08-2024
MICHAEL RANKINS, Petitioner, v. D.L. YOUNG, Respondent.
ORDER
Frank W. Volk, United States District Judge
Pending is Petitioner Michael Rankins' Petition for Writ of Habeas Corpus [ECF 1], filed July 19, 2021, and Respondent D.L. Young's Motion to Dismiss Petition [ECF 12], filed November 16, 2023. 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 12, 2023. Magistrate Judge Aboulhosn recommended that the Court grant Respondent's Motion to Dismiss Petition and remove this matter from the Court's docket.
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 December 29, 2023. No objections were filed.
Accordingly, the Court ADOPTS the PF&R [ECF 14], GRANTS Respondent's Motion to Dismiss Petition [ECF 12], and DISMISSES Mr. Rankins' Petition for Writ of Habeas Corpus.
The Court directs the Clerk to transmit a copy of this Order to any counsel of record and any unrepresented party.