Paul Casto v. Warden, FCI Beckley

District Court, S.D. West Virginia

Paul Casto v. Warden, FCI Beckley

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF WEST VIRGINIA

AT BECKLEY

PAUL CASTO,

Petitioner,

v. CIVIL ACTION NO. 5:24-cv-446

WARDEN, FCI BECKLEY,

Respondent.

ORDER Pending is Paul Casto’s (“Petitioner”) Petition for a Writ of Habeas Corpus under

28 U.S.C. § 2241

[ECF 2], filed August 23, 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 October 14, 2025. Magistrate Judge Tinsley recommended that the Court find Petitioner’s § 2241 petition is moot due to his receipt of the relief sought in his Petition -- that is, all eligible early release time and his transfer to prerelease custody. [See ECF 13]. 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 October 31, 2025. No objections were filed. Accordingly, the Court ADOPTS the PF&R [ECF 13], DENIES AS MOOT the Petition for a Writ of Habeas Corpus under

28 U.S.C. § 2241

[ECF 2], and DISMISSES the matter. The Court directs the Clerk to transmit a copy of this Order to counsel of record and any unrepresented party.

ENTER: December 15, 2025 Zi ined Frank W. Volk “Teme” == Chief United States District Judge

Reference

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