Opinion

Brown v. Holzapfel

Court
District Court, S.D. West Virginia
Filed
Jun 26, 2024
Cited by
0 cases
Authority
More cited than 32.8%

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.”

How later courts described this case

  • 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.”

Written by the judges who cited it.

The opinion

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF WEST VIRGINIA

AT BECKLEY

JUVAN BROWN,

Petitioner,

v. CIVIL ACTION NO. 5:24-cv-00035

WARDEN W. HOLZAPFEL,

Respondent.

ORDER

Pending is Petitioner Juvan Brown’s Petition for Writ of Habeas Corpus pursuant

to 28 U.S.C. § 2241 [Doc. 1], filed January 18, 2024, Mr. Brown’s Motion to Expunge a Juvenile

Criminal Conviction [Doc. 4], filed January 25, 2024, and Warden Holzapfel’s Motion to Dismiss

contained in the Warden’s response [Doc. 9], filed March 20, 2024. This action was previously

referred to the Honorable Cheryl A. Eifert, United States Magistrate Judge, for submission of

proposed findings and a recommendation (“PF&R”). Magistrate Judge Eifert filed her PF&R on

June 5, 2024. Magistrate Judge Eifert recommended that the Court grant the Warden’s Motion to

Dismiss, deny Mr. Brown’s § 2241 Petition, and Motion for Expungement, and that this case be

dismissed and removed from the docket of the court.

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 June 24, 2024.

No objections were filed.

Accordingly, the Court ADOPTS the PF&R [Doc. 11], GRANTS the Warden’s

Motion to Dismiss [Doc. 9], DENIES Mr. Brown’s Petition for Writ of Habeas Corpus pursuant

to 28 U.S.C. § 2241 [Doc. 1], and his motion for expungement [Doc. 4], 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: June 26, 2024

FoodN Vn

as Frank W. Volk

Wee United States District Judge

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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