Best v. Ziegler

Filing 12

MEMORANDUM OPINION AND ORDER: The Court ADOPTS the 10 Proposed Findings and Recommendation by the Magistrate Judge, and ORDERS that the Petitioner's 1 Application be DISMISSED and that this matter be REMOVED from the Court's docket. Signed by Judge Irene C. Berger on 10/21/2013. (cc: Magistrate Judge VanDervort; attys; any unrepresented party) (slr)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA BECKLEY DIVISION LAVEL BEST, Petitioner, v. CIVIL ACTION NO. 5:12-cv-04378 JOEL ZIEGLER, Respondent. MEMORANDUM OPINION AND ORDER The Court has reviewed the Petitioner=s August 16, 2012 Application Under 28 U.S.C. § 2241 for Writ of Habeas Corpus by Person in State or Federal Custody (Document 1). By Standing Order (Document 3) entered on August 16, 2012, this action was referred to the Honorable R. Clarke VanDervort, United States Magistrate Judge, for submission to this Court of proposed findings of fact and recommendation for disposition, pursuant to 28 U.S.C. ' 636. On September 30, 2013, the Magistrate Judge submitted a Proposed Findings and Recommendation (Document 10) wherein it is recommended that this Court dismiss the Petitioner’s Application and remove this matter from the Court’s docket. Objections to the Magistrate Judge=s Proposed Findings and Recommendation were due by October 18, 2013. Neither party has timely filed objections to the Magistrate Judge=s Proposed Findings and Recommendation. The Court is not required to 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 1 recommendation to which no objections are addressed. Thomas v. Arn, 474 U.S. 140, 150 (1985). Failure to file timely objections constitutes a waiver of de novo review and the Petitioner=s right to appeal this Court=s Order. 28 U.S.C. ' 636(b)(1); see also Snyder v. Ridenour, 889 F.2d 1363, 1366 (4th Cir. 1989); United States v. Schronce, 727 F.2d 91, 94 (4th Cir. 1984). Accordingly, the Court ADOPTS and incorporates herein the findings and recommendation of the Magistrate Judge as contained in the Proposed Findings and Recommendation, and ORDERS that the Petitioner’s Application (Document 1) be DISMISSED and that this matter be REMOVED from the Court’s docket. The Court DIRECTS the Clerk to send a certified copy of this Order to Magistrate Judge VanDervort, counsel of record, and any unrepresented party. ENTER: 2 October 21, 2013

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