Case Information
*1 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF WEST VIRGINIA AT BECKLEY
DANNY LEE MALONE,
Plaintiff, v. CIVIL ACTION NO. 5:19-cv-00050 OFFICER JAMES MCCOY,
Defendant.
ORDER
Pending is Defendant’s Motion for Summary Judgment [Doc. 19], filed August 7, 2019. This action was previously referred to United States Magistrate Judge Omar J. Aboulhosn for submission of proposed findings and a recommendation (“PF&R”). Magistrate Judge Aboulhosn filed his PF&R on November 14, 2019. Magistrate Judge Aboulhosn recommended that the Court dismiss the Amended Complaint [Doc. 5] without prejudice and deny as moot Defendant’s motion for summary judgment [Doc. 19].
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) (emphasis added) (“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 .”). 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) (parties may not typically “appeal a *2 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 December 2, 2019. No objections were filed.
Accordingly, the Court ADOPTS the PF&R [ Doc. 24 ], DISMISSES the Amended Complaint [ Doc. 5 ] without prejudice, DENIES the motion for summary judgment [Doc. 19] as moot, 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 herein.
ENTERED: December 10, 2019 2