UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF WEST VIRGINIA

AT BECKLEY

DERRICK BARNETT, Petitioner, v. CIVIL ACTION NO. 5:24-cv-00636

WARDEN W. HOLZAPFEL,

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

[Doc. 1], filed November 11, 2024. This action was previously referred to the Honorable Omar J. Aboulhosn, United States Magistrate Judge, for submission of proposed findings and a recommendation (“PF&R”). Magistrate Judge Aboulhosn filed his PF&R on July 8, 2025. Magistrate Judge Aboulhosn recommended that the Court deny as moot Petitioner’s Petition for a Writ of Habeas Corpus and dismiss 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 25, 2025. No objections were filed.! Accordingly, the Court ADOPTS the PF&R [Doc. 11], DISMISSES the Petition for a Writ of Habeas Corpus Under

[Doc. 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

Cy oe ae 2 7 rank W. Volk “Teco Chief United States District Judge

' On July 8, 2025, a copy of the PF&R was mailed to Mr. Barnett at FCI Beckley but was returned as undeliverable on July 28, 2025. [Doc. 12]. At this writing, the Bureau of Prisons’ Inmate Locator indicates Mr. Barnett was released from custody on May 16, 2025. Inasmuch as Mr. Barnett has failed to keep the Court apprised of his current address as required by Local Rule of Civil Procedure 83.5, this matter is ripe for adjudication.