Opinion

Brown v. Warden

Court
District Court, S.D. West Virginia
Filed
Jul 23, 2025
Cited by
0 cases
Authority
More cited than 38.2%

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

FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA

AT BECKLEY

ANTONIO BROWN,

Petitioner,

v. CIVIL ACTION NO. 5:24-cv-00535

FCI BECKLEY WARDEN,

Respondent.

ORDER

Pending is Respondent FCI Beckley Warden’s Motion to Dismiss, or in the

Alternative, Motion for Summary Judgment [Doc. 8], filed November 13, 2024. 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 May 28, 2025. [Doc. 13]. Magistrate Judge Aboulhosn recommended that the

Court grant Respondent’s Motion and remove the matter from the Court’s docket inasmuch as Mr.

Brown failed to exhaust administrative remedies prior to filing his Petition. [Id. at 11]. Magistrate

Judge Aboulhosn further found that the merits of Mr. Brown’s claim also fail inasmuch 18 U.S.C.

§ 3624(g)(1) “explicitly prohibits the BOP from applying FSA credit unless an inmate has a

minimum or low-risk recidivism scores” and that Mr. Brown has not indicated he “successfully

petitioned the Warden for approval of transfer to prerelease custody or supervised release.” [Id. at

17–18]. On June 16, 2025, the Court received Mr. Brown’s objections [Doc. 14] to Magistrate

Judge Aboulhosn’s PF&R, in which he reasserted his claims.

II.

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).

“Importantly, objections need not be novel to be sufficiently specific.”

Elijah v. Dunbar, 66 F.4th 454, 460 (4th Cir. 2023). “[T]o preserve for appeal an issue in a

magistrate judge's report, a party must object to the finding or recommendation on that issue with

sufficient specificity so as reasonably to alert the district court of the true ground for the objection.”

United States v. Midgette, 478 F.3d 616, 622 (4th Cir. 2007). “If the grounds for objection are

clear, district court judges must consider them de novo, or else run afoul of both § 636(b)(1) and

Article III.” Elijah, 66 F.4th at 460. 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).

2

Ii.

On June 16, 2025, Mr. Brown filed a Motion in Response to Respondent’s Order

to Show Cause. [ECF 14]. The Court construes this Motion as objections to the PF&R inasmuch

as it was filed after the PF&R’s entry.

Mr. Brown alleges that the Court should waive the exhaustion requirement

inasmuch as the remedy provided would be futile. [/d. at 2]. He further alleges the Bureau of

Prisons is misinterpreting the First Step Act statutes and unlawfully denying to apply his earned

time credits. [/d. at 3]. Accordingly, Mr. Brown simply recites various legal principles relating to

his allegations and does not direct the Court to any specific error to Magistrate Judge Aboulhosn’s

PF&R. Therefore, Magistrate Judge Aboulhosn’s analysis is unblemished.

Accordingly, the Court ADOPTS the PF&R [ECF 37], GRANTS Respondent’s

Motion to Dismiss [ECF 19], DISMISSES the Petition for Writ of Habeas Corpus [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: July 23, 2025

Faull

a y Frank W. Volk

“ae Chief 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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