IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA

BECKLEY DIVISION

ERIC J. REESE,

Petitioner,

v. CIVIL ACTION NO. 5:17-cv-03053

DAVID L. YOUNG, Warden, FCI Beckley,

Respondent.

MEMORANDUM OPINION AND ORDER

On May 26, 2017, the Petitioner, proceeding pro se, filed his Petition for a Writ of Habeas Corpus Under

(Document 1). By Standing Order (Document 2) entered on May 30, 2017, the matter was referred to the Honorable Cheryl A. Eifert, United States Magistrate Judge, for submission to this Court of proposed findings of fact and recommendation for disposition, pursuant to

. On February 12, 2019, the Magistrate Judge submitted a Proposed Findings and Recommendation (Document 9) wherein it is recommended that this Court deny the Petitioner’s Petition for a Writ of Habeas Corpus Under

, dismiss the matter with prejudice, and remove the action for the Court’s docket. Objections to the Magistrate Judge’s Proposed Findings and Recommendation were due by March 1, 2019, and none were filed by either party. 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 1 to which no objections are addressed. Thomas v. Arn,

(1985). Failure to file timely objections constitutes a waiver of de novo review and the Petitioner’s right to appeal this Court’s Order.

(b)(1); see also Snyder v. Ridenour,

(4th Cir. 1989); United States v. Schronce,

(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 Petition for a Writ of Habeas Corpus Under

(Document 1) be DENIED, and that the matter be DISMISSED with prejudice, and REMOVED for the Court’s docket. The Court DIRECTS the Clerk to send a certified copy of this Order to Magistrate Judge Eifert, counsel of record, and any unrepresented party. ENTER: March 5, 2019

UNITED STATES DISTRICT JUDGE SOUTHERN DISTRICT OF WEST VIRGINIA