Opinion
CIVIL ACTION NO. 2:15-CV-5
02-20-2015
TIMOTHY LAMONT RUFF, Petitioner, v. MR, ODOM, Acting Warden, Respondent.
ORDER ADOPTING REPORT AND RECOMMENDATION
On this day, the above-styled matter came before this Court for consideration of the Report and Recommendation of United States Magistrate Judge Robert W. Trumble [Doc. 9]. Pursuant to this Court's Local Rules, this action was referred to Magistrate Judge Trumble for submission of a proposed report and a recommendation ("R & R"). Magistrate Judge Trumble filed his R & R on January 30, 2015, wherein he recommends this Court dismiss petitioner's 28 U.S.C. § 2241 without prejudice to allow petitioner to file a Bivens action because petitioner's claims arise out of the conditions of his confinement instead of the execution of his sentence. See Bivens v. Six Unknown Agents of the Federal Bureau of Narcotics , 403 U.S. 399 (1971).
Pursuant to 28 U.S.C. § 636 (b)(1)(c), this Court is required to make a de novo review of those portions of the magistrate judge's findings to which 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 as to those portions of the findings or recommendation to which no objections are addressed. See 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 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); UnitedStates v. Schronce , 727 F.2d 91, 94 (4th Cir. 1984). Here, objections to Magistrate Judge Trumble's R & R were due within fourteen (14) days of receipt, pursuant to 28 U.S.C. § 636(b)(1) and Fed. R. Civ. P. 72(b). The docket reflects that service was accepted on February 2, 2015. [Doc. 11]. No objections have been filed. Accordingly, this Court will review the R&R for clear error.
Upon careful review of the above, it is the opinion of this Court that the Report and Recommendation [Doc. 9] should be, and is, hereby ORDERED ADOPTED for the reasons more fully stated in the magistrate judge's report. Accordingly, this Court ORDERS that this case be DISMISSED WITHOUT PREJUDICE. This Court further DIRECTS the Clerk to STRIKE this case from the active docket of this Court. It is so ORDERED. The Clerk is directed to mail a copy of this Order to the pro se petitioner.
DATED: February 20, 2015.
/s/_________
JOHN PRESTON BAILEY
UNITED STATES DISTRICT JUDGE