Hayes v. D.L. Young
Hayes v. D.L. Young
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
BECKLEY DIVISION
HARVEY L. HAYNES,
Petitioner,
v. CIVIL ACTION NO. 5:18-cv-01399
UNITED STATES OF AMERICA,
Respondent.
MEMORANDUM OPINION AND ORDER
On October 29, 2018, the Petitioner, proceeding pro se, filed his Petition for a Writ of Habeas Corpus under
28 U.S.C. § 2241(Document 1). By Standing Order (Document 4) entered on November 2, 2018, 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
28 U.S.C. § 636. On July 24, 2019, the Magistrate Judge submitted a Proposed Findings and Recommendation (Document 10) wherein it is recommended that the Petitioner’s Petition for a Writ of Habeas Corpus under
28 U.S.C. § 2241(Document 1) be dismissed without prejudice and that the matter be removed from the Court’s docket. Objections to the Magistrate Judge’s Proposed Findings and Recommendation were due by August 12, 2019.1
1The docket reflects that the Proposed Findings and Recommendation mailed to the Petitioner was returned as undeliverable on August 14, 2019. 1 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 recommendation to which no objections are addressed. Thomas y. 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 Petition for a Writ of Habeas Corpus under
28 U.S.C. § 2241(Document 1) be DISMISSED without prejudice 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 Eifert, counsel of record, and any unrepresented party. ENTER: August 23, 2019 Dire. Benger’ UNITED STATES DISTRICT JUDGE SOUTHERN DISTRICT OF WEST VIRGINIA
Reference
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