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

CHARLESTON DIVISION

JIMMEY LEE LAMBERT,

Petitioner,

v. CIVIL ACTION NO. 2:21-cv-00260

DONALD AMES,

Respondent.

MEMORANDUM OPINION AND ORDER

On April 21, 2021, the Petitioner, proceeding pro se, filed his Petition for a Writ of Habeas Corpus Under

(Document 1). Pending in the matter is Defendants’ Motion to Dismiss Petition for Habeas Corpus (Document 12) filed on March 1, 2022. By Standing Order (Document 5) entered on April 23, 2021, the matter was referred to the Honorable Dwane L. Tinsley, United States Magistrate Judge, for submission to this Court of proposed findings of fact and recommendation for disposition, pursuant to

. On February 19, 2023, the Magistrate Judge submitted a Proposed Findings and Recommendation (Document 19) wherein it is recommended that this Court grant Defendants’ Motion to Dismiss Petition for Habeas Corpus (Document 12) and dismiss the Petition for a Writ of Habeas Corpus Under

(Document 1) without prejudice. Objections to the Magistrate Judge’s Proposed Findings and Recommendation were due by February 27, 2023. 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 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 Defendants’ Motion to Dismiss Petition for Habeas Corpus (Document 12) be GRANTED and that the Petition for a Writ of Habeas Corpus Under

(Document 1) be DISMISSED without prejudice. The Court further ORDERS 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 Tinsley, counsel of record, and any unrepresented party. ENTER: March 1, 2023 Dike CO. Seageh/ UNITED STATES DISTRICT JUDGE SOUTHERN DISTRICT OF WEST VIRGINIA