Opinion
CIVIL ACTION NO. 5:10-cv-00711
06-24-2013
TIMOTHY ALLEN, Petitioner, v. UNITED STATES OF AMERICA, 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 May 6, 2010.
By Standing Order (Document 3) entered on May 6, 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 May 29, 2013, the Magistrate Judge submitted a Proposed Findings and Recommendation (Document 5) wherein it is recommended that this Court dismiss the Petitioner's 2241 Application and remove this action from the Court's docket. Objections to the Magistrate Judge's Proposed Findings and Recommendation were due by June 4, 2013 .
The docket reflects that the Proposed Findings and Recommendation that was mailed to the Petitioner was returned as undeliverable on 6/4/13, and re-mailed to a different address on that date. As of June 23, 2013, no objections had been filed.
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 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 action 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.
____________
IRENE C. BERGER
UNITED STATES DISTRICT JUDGE
SOUTHERN DISTRICT OF WEST VIRGINIA