UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF WEST VIRGINIA

AT BECKLEY NICHOLAS FERRONE,

Petitioner,

v. CIVIL ACTION NO. 5:23-cv-00669

WARDEN HOLZAPFEL,

Respondent.

ORDER Pending is Petitioner Nicholas Ferrone’s Petition for a Writ of Habeas Corpus under

[ECF 1], filed October 10, 2023. 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 October 10, 2025. [ECF 19]. Magistrate Judge Tinsley recommended the Court dismiss Mr. Ferrone’s Petition for a Writ of Habeas Corpus as moot because Mr. Ferrone was released from custody on July 24, 2025. [See ECF 19]. 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 October 27, 2025. No objections were filed. Accordingly, the Court ADOPTS the PF&R [ECF 19], DISMISSES 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: November 24, 2025 Zeod WV Cum? Frank W. Volk “ioe Chief United States District Judge