Opinion
CIVIL ACTION NO. 3:06-cv-67.
July 31, 2007
ORDER ADOPTING REPORT AND RECOMMENDATION
By Standing Order entered on March 24, 2000, this action was referred to United States Magistrate Judge James E. Seibert for submission of a proposed report and a recommendation ["R R"]. Magistrate Judge Seibert filed his R R on May 8, 2007 [Doc. 18]. In that filing, the magistrate judge recommended that this Court dismiss the petitioner's case without prejudice.
The Court is not required to 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. Thomas v. Arn , 474 U.S. 140, 150 (1985). In addition, failure to file timely objections constitutes a waiver of de novo review and the 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 Cir. 1989); United States v. Schronce , 727 F.2d 91, 94 (4th Cir. 1984). Here, objections to Magistrate Judge Seibert's R R were due by May 22, 2007 [Doc. 18], pursuant to 28 U.S.C. § 636(b)(1) and Fed.R.Civ.P. 72(b). No objections have been filed.
Accordingly, the Court hereby adopts the recommendations of Magistrate Judge Seibert. The Court hereby DISMISSES without prejudice the petitioner's case.
The Clerk is directed to mail copies of this Order to all counsel of record and the pro se petitioner.