finding "twelve months preceding" requirement permissible exercise of BOP discretionSummary of this case from Smith v. Vazquez
CIVIL ACTION NO. 5:05-cv-00814.
November 30, 2006
By Standing Order entered on July 21, 2004, and filed in this case on October 5, 2005, this action was referred to United States Magistrate Judge R. Clarke VanDervort for submission of proposed findings and a recommendation ["PF R"]. Magistrate Judge VanDervort filed his PF R on September 19, 2006 [Docket 7]. In that filing, the magistrate judge recommended that this Court deny Petitioner's Letter/Motion seeking an injunction against the United States Bureau of Prisons [Docket 1] and dismiss this matter from the Court's docket.
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). In addition, 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); Snyder v. Ridenour, 889 F.2d 1363, 1366 (4th Cir. 1989); United States v. Schronce, 727 F.2d 91, 94 (4th Cir. 1984). Here, objections to Magistrate Judge VanDervort's PF R were due by October 6, 2006, pursuant to 28 U.S.C. § 636(b)(1) and FED. R. CIV. P. 72(b). No objections have been filed.
The Court adopts the recommendations of Magistrate Judge VanDervort. Accordingly, the Court hereby DENIES Petitioner's Letter/Motion seeking an injunction against the United States Bureau of Prisons [Docket 1] and DISMISSES this matter from the Court's docket.
The Clerk is directed to mail a copy of this Judgment Order to all counsel of record, the plaintiff, pro se, and Magistrate Judge VanDervort.