The opinion
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF WEST VIRGINIA □
Wheeling
BRITT JARRIEL HAMMONS,
Petitioner,
V. Civil Action No. 5:22-CV-164
Judge Bailey
MR. BROWN,
Respondent.
ORDER ADOPTING REPORT AND RECOMMENDATION
The above-styled case came before this Court for consideration of United States
Magistrate Judge James P. Mazzone’s Report and Recommendation [Doc. 23], filed on
January 19, 2023. Therein, Magistrate Judge Mazzone recommends that respondent's
Motion to Dismiss for Failure to State a Claim [Doc. 18] should be granted and petitioner's
petition [Doc. 1] should be denied and dismissed without prejudice.
This Court is charged with conducting a de novo review of any portion of the
magistrate judge’s report to which a specific objection is registered, and may accept, reject,
or modify, in whole or in part, the recommendations contained in that report. 28 U.S.C.
§ 636(b)(1). However, absent prompt objection by a dissatisfied party, it appears that
Congress did not intend for the district court to review the factual and legal conclusions of
the magistrate judge. Thomas v. Arn, 474 U.S. 140 (1985). Additionally, any party who
fails to file timely, written objections to the magistrate judge’s report pursuant to 28 U.S.C.
§ 636(b)(1) waives the right to raise those objections at the appellate court level. United
States v. Schronce, 727 F.2d 91 (4th Cir. 1984), cert. denied, 467 U.S. 1208 (1984). No
objections have been filed to the magistrate judge’s report and recommendation.
A review of the record indicates that the magistrate judge’s report accurately
summarizes this case and the applicable law. Accordingly, the magistrate judge’s report
and recommendation [Doc. 23] is ORDERED ADOPTED, respondent’s Motion to Dismiss
for Failure to State a Claim [Doc. 18] is GRANTED, and petitioner's petition [Doc. 1] is
DENIED and DISMISSED WITHOUT PREJUDICE.
This Court further DIRECTS the Clerk to STRIKE this case from the active docket
of this Court.
It is so ORDERED.
The Clerk is directed to transmit copies of this Order to any counsel of record and
to mail a copy to the pro se petitioner.
DATED: February 13, 2023.
UNITED STATES DISTRICT JUDGE