Case Information
*1 Case 5:11-cv-00479 Document 14 Filed 11/12/13 Page 1 of 2 PageID #: 94 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA BECKLEY DIVISION
ANTOINE JAMES,
Plaintiff, v. CIVIL ACTION NO. 5:11-cv-00479 JOEL ZIEGLER,
Defendant. MEMORANDUM OPINION AND ORDER
The Court has reviewed the Petitioner = s July 13, 2011 Application Under 28 U.S.C. ' 2241 for Writ of Habeas Corpus By a Person in State or Federal Custody (Document 2).
By Standing Order (Document 4) entered on July 13, 2011, 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 October 21, 2013, the Magistrate Judge submitted a Proposed Findings and Recommendation (Document 13) wherein it is recommended that this Court dismiss the Petitioner’s Application (Document 2) and remove this matter from the Court’s docket. Objections to the Magistrate Judge = s Proposed Findings and Recommendation were due by November 7, 2013.
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
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Case 5:11-cv-00479 Document 14 Filed 11/12/13 Page 2 of 2 PageID #: 95 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 2) be DISMISSED and that this matter 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.
ENTER: November 12, 2013 2