UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF WEST VIRGINIA AT BECKLEY

JOSE EFRAIN LINARES-TABORA, Petitioner, v. CIVIL ACTION NO. 5:21-cv-00350 WARDEN, FCI BECKLEY,

Respondent. ORDER Pending is Petitioner Jose Efrain Linares-Tabora’s Petition for Writ of Habeas Corpus pursuant to

[Doc. 1], filed June 21, 2021. This action was previously referred to the Honorable Dwane L. Tinsley, United States Magistrate Judge, for submission of proposed findings and a recommendation (“PF&R”). Magistrate Judge Tinsley filed his PF&R on May 30, 2024. Magistrate Judge Tinsley recommended that the Court deny Mr. Linares-Tabora’s § 2241 Petition [Doc. 1], and dismiss this civil action from the docket of the court. 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 June 17, 2024. No objections were filed. Accordingly, the Court ADOPTS the PF&R [Doc. 11], DENIES Mr. Linares- Tabora’s Petition for Writ of Habeas Corpus pursuant to

[Doc. 1], and DISMISSES the matter. ENTER: June 25, 2024 ZA on y Frank W. Volk “oe United States District Judge