UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA AT BECKLEY

JOEL L. RUBERT, Petitioner, v. CIVIL ACTION NO. 5:22-cv-00597 KATINA HECKARD, Warden, FCI Beckley,

Respondent. ORDER Pending is Petitioner’s Petition for Writ of Habeas Corpus under

[Doc. 2], filed December 22, 2022. 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 June 15, 2023. Magistrate Judge Eifert recommended that the Court dismiss the Petition without prejudice pursuant to Federal Rule of Civil Procedure 41(b) and Local Rule of Civil Procedure 41.1 and remove the matter from the 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 July 3, 2023. No objections were filed. Accordingly, the Court ADOPTS the PF&R [Doc. 8] and DISMISSES Petitioner’s Petition for Writ of Habeas Corpus under

WITHOUT PREJUDICE [Doc. 2]. The Court directs the Clerk to transmit a copy of this Order to any counsel of record and any unrepresented party. ENTER: August 1, 2023 Oe QS Frank W. Volk “coma United States District Judge