Opinion
CIVIL ACTION NO. 5:20-cv-00382
10-27-2020
LORENZO TUCKER Petitioner, v. D. L. YOUNG, Warden, FCI Beckley, et al., Respondent.
ORDER
Pending is Petitioner's Motion for Summary Reversal [Doc. 6], filed June 10, 2020. 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 September 9, 2020. Magistrate Judge Eifert recommended that the Court deny Petitioner's Motion for Summary Reversal, grant Respondent's Motion to Dismiss, dismiss the Petition for a Writ of Habeas Corpus, and remove the matter from the Court's 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 September 28, 2020. No objections were filed.
Accordingly, the Court ADOPTS the PF&R [Doc. 14], GRANTS Respondent's request for dismissal [Doc. 11], DISMISSES the Petition for a Writ of Habeas Corpus [Doc. 1], DISMISSES Petitioner's Motion for Summary Reversal [Doc. 6], 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 27, 2020
/s/_________
Frank W. Volk
United States District Judge