Opinion
CIVIL ACTION NO. 5:19-cv-00620
06-22-2020
JAMES C. KOPP, Plaintiff, v. UNITED STATES OF AMERICA, Defendant.
MEMORANDUM OPINION AND ORDER
Pending is Plaintiff James C. Kopp's letter-form Complaint [Doc. 2], filed August 28, 2019.
Mr. Kopp initially filed a "Request for Order to Show Cause Why Temporary Restraining Order Should Not be Issued by this Court" in Civil Action No. 5:18-01212, which was a closed action. Magistrate Judge Aboulhosn construed Mr. Kopp's Request as an attempt to initiate a new civil action pursuant to Bivens v. Six Unknown Federal Agents of Federal Bureau of Narcotics, 403 U.S. 388, 91 S. Ct. 1999, 24 L.Ed.2d 619 (1971) and ordered the opening of the instant matter on August 28, 2019.
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 May 22, 2020. Magistrate Judge Aboulhosn recommended that the Court dismiss Mr. Kopp's Complaint without prejudice 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 Leon-Ramirez, 925 F.3d 177, 181 (4th Cir. 2019) (noting 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 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 8, 2020. No objections were filed.
Accordingly, the Court ADOPTS the PF&R [Doc. 5], DISMISSES Mr. Kopp's Complaint without prejudice [Doc. 2], and DIRECTS the Clerk to remove this matter from the Court's docket.
The Court directs the Clerk to transmit a copy of this Order to any counsel of record and any unrepresented party.
ENTERED: June 22, 2020
/s/_________
Frank W. Volk
United States District Judge