Alward v. Warden

District Court, S.D. West Virginia

Alward v. Warden

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF WEST VIRGINIA AT BECKLEY

MATTHEW ALWARD, Petitioner, v. CIVIL ACTION NO. 5:25-cv-00377 FCI BECKLEY WARDEN, ET AL.,

Respondents. ORDER Pending is Plaintiff’s “Emergency Motion for Preventative Injunction” [ECF 3], filed June 9, 2025. 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 29, 2025. Magistrate Judge Aboulhosn recommended that the Court Deny Plaintiff’s “Emergency Motion for Preventative Injunction”. [ECF 3]. 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,

474 U.S. 140

(1985); see also

28 U.S.C. § 636

(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

28 U.S.C. § 636

(b)(1); see also United States v. De Leon- Ramirez,

925 F.3d 177, 181

(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,

889 F.2d 1363

, 1366 (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,

687 F.2d 44, 47

(4th Cir. 1982). Objections in this case were due on August 15, 2025. No objections were received. ! Accordingly, the Court ADOPTS the PF&R [ECF 43] and DENIES Plaintiff's “Emergency Motion for Preventative Injunction”. [ECF 3]. The case is referred anew to Magistrate Judge Aboulhosn in accordance with the original referral. The Court directs the Clerk to transmit a copy of this Order to any counsel of record and any unrepresented party. ENTER: September 10, 2025

“tems” Chief United States District Judge

' The Court notes that Mr. Alward has submitted numerous filings since the entry of the PF&R. These filings all appear to be related to Plaintiff's Amended Complaint which remains with Magistrate Judge Aboulhosn for adjudication.

Reference

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