Slate v. United States of America, No. 5:2009cv00064 - Document 7 (S.D.W. Va. 2009)
Court Description: MEMORANDUM OPINION: adopting in its entirety the 5 Proposed Findings and Recommendations; dismissing Plaintiff's 1 Application for Writ of Habeas Corpus by a Person in Federal Custody Pursuant to 28 USC Section 2241; removing this matter from the Court's docket. Signed by Judge Thomas E. Johnston on 4/21/2009. (cc: attys; any unrepresented party) (slr)
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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA BECKLEY DIVISION TIMOTHY SLATE, Plaintiff, v. CIVIL ACTION NO. 5:09-cv-00064 UNITED STATES OF AMERICA, Defendant. MEMORANDUM OPINION Pending before the Court is Plaintiff s Application for Writ of Habeas Corpus by a Person in Federal Custody Pursuant to 28 U.S.C. § 2241 [Docket 1]. By Standing Order entered on January 22, 2009, and filed in this case on August 1, 2006, this action was referred to United States Magistrate Judge R. Clarke VanDervort for submission of proposed findings and a recommendation (PF&R). Magistrate Judge VanDervort filed his PF&R [Docket 5] on March 31, 2009, recommending that this Court dismiss Plaintiff s application for writ of habeas corpus and remove this matter from the Court s docket. The Court is not required to 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. Thomas v. Arn, 474 U.S. 140, 150 (1985). In addition, failure to file timely objections constitutes a waiver of de novo review and Plaintiff s right to appeal this Court s Order. Snyder v. Ridenour, 889 F.2d 1363, 1366 (4th Cir. 1989); United States v. Schronce, 727 F.2d 91, 94 (4th Cir. 1984). Here, objections to Magistrate Judge VanDervort s PF&R were due by April 17, 2009, pursuant to 28 U.S.C. § 636(b)(1) and Fed. R. Civ. P. 72(b). To date, no objections have been filed. Accordingly, the Court ADOPTS the PF&R [Docket 5] in its entirety, DISMISSES Plaintiff s Application for Writ of Habeas Corpus by a Person in Federal Custody Pursuant to 28 U.S.C. § 2241 [Docket 1], and REMOVES this matter from the Court s docket. A separate Judgment Order will enter this day implementing the rulings contained herein. IT IS SO ORDERED. The Court DIRECTS the Clerk to send a copy of this Order to counsel of record and any unrepresented party. ENTER: April 21, 2009 _________________________________________ THOMAS E. JOHNSTON UNITED STATES DISTRICT JUDGE 2
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