Opinion
Civil Action 2:21-cv-00668
02-02-2022
JASON SWINDLER, Petitioner, v. WARDEN, Respondent.
ORDER
THOMAS E. JOHNSTON, CHIEF JUDGE
Pending before the Court is Petitioner Jason Swindler's letter-form Petition Under 28 U.S.C. §2254 for Writ of Habeas Corpus By a Person in State Custody. (ECF No. 1.) By standing order entered on January 4, 2016, and filed in this case on December 27, 2021, (ECF No. 4), this action was referred to United States Magistrate Judge Omar J. Aboulhosn for submission of proposed findings and a recommendation for disposition (“PF&R”). Magistrate Judge Aboulhosn entered his PF&R on January 12, 2022, recommending this Court dismiss without prejudice Petitioner's letter-form Petition, and remove this matter from the Court's docket. (ECF No. 6.)
This Court is not required to review, de novo or under any other standard, factual or legal conclusions contained within the PF&R to which no objections were addressed. Thomas v. Arn, 474 U.S. 140, 150 (1985). Failure to file timely objections constitutes waiver of de novo review and Petitioner's right to appeal this Court's order. 28 U.S.C. § 636(b)(1); see also Snyder v. Ridenour, 889 F.2d 1363, 1366 (4th Cir. 1989); United States v. Schronce, 727 F.2d 91, 94 (4th Cir. 1984). In addition, this Court need not conduct a 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 to the PF&R in this case were due on January 31, 2022. To date, Petitioner has failed to submit any objection in response to the PF&R, thus constituting a waiver of de novo review and Petitioner's right to appeal this Court's order.
Accordingly, the Court ADOPTS the PF&R, (ECF No. 6), and DISMISSES Petitioner's letter-form Petition Under 28 U.S.C. §2254 for Writ of Habeas Corpus By a Person in State Custody, (ECF No. 1), WITHOUT PREJUDICE. The Court further DIRECTS the Clerk to remove this matter from the Court's docket.
IT IS SO ORDERED
The Court DIRECTS the Clerk to send a copy of this Order to counsel of record and any unrepresented party.