UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF WEST VIRGINIA AT BECKLEY

VICTOR REESE, Petitioner, v. CIVIL ACTION NO. 5:20-cv-00676 D. L. YOUNG, Warden, FCI Beckley,

Respondent.

ORDER

Pending are Petitioner Victor Reese’s Petition for a Writ of Habeas Corpus [Doc. 1], filed October 13, 2020, and Respondent D.L. Young’s request for dismissal [Doc. 11], filed February 19, 2021. This action was previously referred to the Honorable Cheryl A. Eifert, United States Magistrate Judge, for submission of proposed findings and a recommendation (“PF&R”). Magistrate Judge Eifert filed her PF&R on November 30, 2021. Magistrate Judge Eifert recommended the Court deny Mr. Reese’s Petition for a Writ of Habeas Corpus; Grant Warden Young’s request for dismissal; and dismiss this case and remove it from the Court’s docket. 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,

(1985); see also

(b)(1) (“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.” (emphasis added)). Failure to file timely objections constitutes a waiver of de novo review and the Petitioner’s right to appeal the Court’s order. See

(b)(1); see also United States v. De Leon- Ramirez,

(4th Cir. 2019) (parties may not typically “appeal a magistrate judge’s findings that were not objected to below, as § 636(b) doesn’t require de novo review absent objection.”); Snyder v. Ridenour,

(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,

(4th Cir. 1982). Objections in this case were due on December 12, 2021. No objections were filed. Accordingly, the Court ADOPTS the PF&R [Doc. 13], DISMISSES the Petition for a Writ of Habeas Corpus [Doc. 1], GRANTS the Request for Dismissal [Doc. 11], 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. ENTER: January 12, 2022 Zl Came Frank W. Volk “Temes United States District Judge