Opinion
Civil Action 5:23-CV-287
12-27-2023
DAMON SELDON, Petitioner, v. R. BROWN, Warden, FCI Gilmer, Respondent.
ORDER ADOPTING REPORT AND RECOMMENDATION
JOHN PERSTON BAILEY, UNITED STATES DISTRICT JUDGE
The above referenced case is before this Court upon the magistrate judge's recommendation that petitioner's petition [Doc. 1] be denied and dismissed with prejudice.
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). No objections have been filed to the magistrate judge's report and recommendation.
Accordingly, a review of the record indicates that the magistrate judge's report accurately summarizes this case and the applicable law. As such, the magistrate judge's report and recommendation [Doc. 13] is AFFIRMED and ADOPTED. Respondent's Motion for Summary Judgment [Doc. 10] is GRANTED. Petitioner's petition [Doc. 1] is DENIED and DISMISSED WITH PREJUDICE. Petitioner's Motion for Leave to Proceed in forma pauperis [Doc. 2] is DENIED AS MOOT.
The Clerk is instructed to strike this matter from the active docket of this Court.
It is so ORDERED.
The Clerk is directed to transmit copies of this Order to counsel of record, and to mail a copy to petitioner via certified mail, return receipt requested.