Slade v. Heckard, No. 5:2022cv00510 - Document 16 (S.D.W. Va. 2023)

Court Description: ORDER adopting the 15 Proposed Findings and Recommendations, granting Ms. Heckard's 13 Motion to Dismiss Petition for Writ of Habeas Corpus and dismissing the matter. Signed by Judge Frank W. Volk on 11/22/2023. (cc: counsel of record; any unrepresented party) (btm)

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Slade v. Heckard Doc. 16 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF WEST VIRGINIA AT BECKLEY GARLAND SLADE, Petitioner, v. CIVIL ACTION NO. 5:22-cv-510 KATINA HECKARD, Respondent. ORDER Pending is Ms. Heckard’s Motion to Dismiss Petition [ECF 13], filed July 27, 2023. This action was previously referred to the Honorable Omar J. Aboulhosn, United States Magistrate Judge, for submission of proposed findings and a recommendation (“PF&R”). Magistrate Judge Aboulhosn filed his PF&R on August 17, 2023. [ECF 15]. Magistrate Judge Aboulhosn recommended that the Court grant Ms. Heckard’s Motion to Dismiss Petition for Writ of Habeas Corpus and remove this 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) (“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 Dockets.Justia.com 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 5, 2023. No objections were filed. Accordingly, the Court ADOPTS the PF&R [ECF 15], GRANTS Ms. Heckard’s Motion to Dismiss Petition for Writ of Habeas Corpus [ECF 13], 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: November 22, 2023 2

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