UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF WEST VIRGINIA AT BECKLEY

JERRY BLEVINS, Petitioner, v. CIVIL ACTION NO. 5:24-cv-00450 WARDEN HOLZAPFEL,

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

[ECF 1], filed July 12, 2024, and Respondent’s Motion to Dismiss Petition [ECF 12], filed October 28, 2024. 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 July 22, 2025. Magistrate Judge Tinsley recommended the Court grant Respondent’s Motion to Dismiss Petition, deny Petitioner’s Petition for a Writ of Habeas Corpus, and dismiss the case. 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 August 8, 2025. No objections were filed. Accordingly, the Court ADOPTS the PF&R [ECF 13], GRANTS Respondent’s Motion to Dismiss Petition, DENIES the Petition for a Writ of Habeas Corpus under

[ECF 1], 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: September 2, 2025

OH Fink W.Vvok “Teme Chief United States District Judge