Opinion
CIVIL ACTION NO. 5:19-cv-00875
10-19-2020
MARK E. SALYER, Petitioner, v. WARDEN D.L. YOUNG, Respondent.
ORDER
Pending is Petitioner's Petition for Writ of Habeas Corpus [Doc. 1] filed December 5, 2019. This action was previously referred to the Honorable Cheryl A. Eifert, United States Magistrate Judge, for submission of proposed findings and a recommendation ("PF&R"). Magistrate Judge Eifert filed her PF&R on July 29, 2020. Magistrate Judge Eifert recommended that the Court grant Respondent's requests for dismissal, dismiss the petition, and remove the matter from the 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) (emphasis added) ("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."). 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 [date]. No objections were filed.
Accordingly, the Court ADOPTS the PF&R [Doc. 13], GRANTS the Respondent's requests for dismissal [Docs. 9, 12] and DISMISSES the matter.
The Court directs the Clerk to transmit a copy of this Order to any counsel of record and any unrepresented party herein.
ENTERED: October 19, 2020
/s/_________
Frank W. Volk
United States District Judge