Price v. Young, No. 5:2021cv00430 - Document 7 (S.D.W. Va. 2022)

Court Description: ORDER adopting the 6 Proposed Findings and Recommendations, dismissing the 6 Petition for Writ of Habeas Corpus, and dismisses this matter without prejudice. Signed by Judge Frank W. Volk on 2/8/2022. (cc: counsel of record; any unrepresented party) (lca)

Download PDF
Price v. Young Doc. 7 Case 5:21-cv-00430 Document 7 Filed 02/08/22 Page 1 of 2 PageID #: 25 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF WEST VIRGINIA AT BECKLEY JOSEPH PRICE, Petitioner, v. CIVIL ACTION NO. 5:21-cv-00430 D. YOUNG, Warden, FCI Beckley, Respondent. ORDER Pending is Petitioner’s Petition for Writ of Habeas Corpus [Doc. 1], filed August 2, 2021. 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 January 10, 2022. Magistrate Judge Eifert recommended that the Court dismiss the Petition without prejudice. 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) (“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.” (emphasis added)). 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 LeonRamirez, 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 Dockets.Justia.com Case 5:21-cv-00430 Document 7 Filed 02/08/22 Page 2 of 2 PageID #: 26 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 January 24, 2022. No objections were filed. Accordingly, the Court ADOPTS the PF&R [Doc. 6], DISMISSES the Petition for Writ of Habeas Corpus [Doc. 1], and DISMISSES the matter WITHOUT PREJUDICE. The Court directs the Clerk to transmit a copy of this Order to any counsel of record and any unrepresented party. ENTER: 2 February 8, 2022

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.