Dickerson v. Federal Bureau of Prisons, No. 5:2010cv01363 - Document 6 (S.D.W. Va. 2013)
Court Description: MEMORANDUM OPINION AND ORDER: The Court ADOPTS the 5 Proposed Findings and Recommendation by Magistrate Judge, and ORDERS that the Petitioner's 1 Application Under 28 U.S.C. Section 2241 for Writ of Habeas Corpus by a Person in State or Federal Custody be DISMISSED and that this matter be REMOVED from the Court's docket. Signed by Judge Irene C. Berger on 12/6/2013. (cc: Magistrate Judge VanDervort; attys; any unrepresented party) (slr)
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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA BECKLEY DIVISION EUDELL D. DICKERSON, JR., Petitioner, v. CIVIL ACTION NO. 5:10-cv-01363 FEDERAL BUREAU OF PRISONS, Respondent. MEMORANDUM OPINION AND ORDER The Court has reviewed the Petitioner=s Application Under 28 U.S.C. ' 2241 for Writ of Habeas Corpus by a Person in State or Federal Custody (Document 1) filed on December 8, 2010. By Standing Order (Document 3) entered on December 8, 2010, this action was referred to the Honorable R. Clarke VanDervort, United States Magistrate Judge, for submission to this Court of proposed findings of fact and recommendation for disposition, pursuant to 28 U.S.C. ' 636. On November 13, 2013, the Magistrate Judge submitted a Proposed Findings and Recommendation (Document 5) wherein it is recommended that this Court dismiss the Petitioner s Application for Writ of Habeas Corpus and remove this matter from the Court s docket. Objections to the Magistrate Judge=s Proposed Findings and Recommendation were due by December 2, 2013. Neither party has timely filed objections to the Magistrate Judge=s Proposed Findings and Recommendation. The Court is not required to review, under a de novo or any other standard, the 1 factual or legal conclusions of the magistrate judge as to those portions of the findings or recommendation to which no objections are addressed. Thomas v. Arn, 474 U.S. 140, 150 (1985). Failure to file timely objections constitutes a waiver of de novo review and the 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). Accordingly, the Court ADOPTS and incorporates herein the findings and recommendation of the Magistrate Judge as contained in the Proposed Findings and Recommendation, and ORDERS that the Petitioner=s Application Under 28 U.S.C. ' 2241 for Writ of Habeas Corpus by a Person in State or Federal Custody (Document 1) be DISMISSED and that this matter be REMOVED from the Court s docket. The Court DIRECTS the Clerk to send a certified copy of this Order to Magistrate Judge VanDervort, counsel of record, and any unrepresented party. ENTER: 2 December 6, 2013
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