Opinion
Civil Action 5:22-CV-56
08-01-2022
TIMOTHY L. SAWYER-HOUSE, Petitioner, v. WARDEN WOLF, Respondent.
ORDER ADOPTING REPORT AND RECOMMENDATION
JOHN PRESTON BAILEY UNITED STATES DISTRICT JUDGE
The above referenced case is before this Court upon the magistrate judge's report and recommendation [Doc. 10] that the petitioner's § 2241 petition be denied and dismissed without prejudice for lack of jurisdiction. On June 30, 2022, this Court granted petitioner a fourteen (14) day extension to file objections to the report and recommendation. See [Doc. 13]. Petitioner did not file objections within the prescribed deadline.
This Court is charged with conducting a de novo review of any portion of the magistrate judge's report to which a specific objection is registered, and may accept, reject, or modify, in whole or in part, the recommendations contained in that report. 28 U.S.C. § 636(b)(1). However, absent prompt objection by a dissatisfied party, it appears that Congress did not intend for the district court to review the factual and legal conclusions of the magistrate judge. Thomas v. Arn, 474 U.S. 140 (1985). Additionally, any party who fails to file timely, written objections to the magistrate judge's report pursuant to 28 U.S.C. § 636(b)(1) waives the right to raise those objections at the appellate court level. United States v. Schronce, 727 F.2d 91 (4th Cir. 1984), cert, denied, 467 U.S. 1208 (1984).
A review of the record indicates that the magistrate judge's report and recommendation accurately summarizes this case and the applicable law. Accordingly, the magistrate judge's report and recommendation [Doc. 10] is AFFIRMED, and this case is DISMISSED WITHOUT PREJUDICE.
It is so ORDERED.
The Clerk is directed to mail a copy of this Order via certified mail, return receipt requested, to petitioner, and to dismiss this case from the active docket of this Court.