Jones v. Young, No. 5:2021cv00552 - Document 16 (S.D.W. Va. 2022)

Court Description: ORDER adopting the 15 Proposed Findings and Recommendations; granting Respondent's 8 and 12 Requests for Dismissal; dismissing the 2 and 3 Petitions for Writ of Habeas Corpus, and dismissing the matter. Signed by Judge Frank W. Volk on 7/5/2022. (cc: counsel of record; any unrepresented party) (lca)

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Jones v. Young Doc. 16 Case 5:21-cv-00552 Document 16 Filed 07/05/22 Page 1 of 2 PageID #: 305 UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA AT BECKLEY CHRISTOPHER ANTUAN JONES, Petitioner, v. CIVIL ACTION NO. 5:21-cv-00552 WARDEN DAVID L. YOUNG, Respondent. ORDER Pending is Petitioner’s Petition for Writ of Habeas Corpus [Doc. 2, 3], filed October 8, 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 May 5, 2022, and recommended the Court grant the Respondent’s requests for dismissal, deny the Petition, and remove the matter from the docket. [Doc. 15]. 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 Dockets.Justia.com Case 5:21-cv-00552 Document 16 Filed 07/05/22 Page 2 of 2 PageID #: 306 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 June 23, 2022. No objections were filed. Accordingly, the Court ADOPTS the PF&R [Doc. 15], GRANTS Respondent’s requests for dismissal [Docs. 8, 12], DISMISSES the Petition for Writ of Habeas Corpus [Docs. 2, 3], 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. ENTER: 2 July 5, 2022

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