The opinion
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF WEST VIRGINIA
Wheeling
DAMON SELDON,
Petitioner,
Vv. CIVIL ACTION NO. 5:23-CV-287
Judge Bailey
R. BROWN, Warden, FCI Gilmer,
Respondent.
ORDER ADOPTING REPORT AND RECOMMENDATION
The above referenced case is before this Court upon the magistrate judge’s
recommendation that petitioner's petition [Doc. 1] be denied and dismissed with prejudice.
This Court is charged with conducting a de novo review of any portion of the
magistrate judge’s report to whicha 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.
Accordingly, a review of the record indicates that the magistrate judge’s report
accurately summarizes this case and the applicable law. As such, the magistrate judge’s
report and recommendation [Doc. 13] is AFFIRMED and ADOPTED. Respondent's
Motion for Summary Judgment [Doc. 10] is GRANTED. Petitioner's petition [Doc. 1] is
DENIED and DISMISSED WITH PREJUDICE. Petitioner's Motion for Leave to Proceed
in forma pauperis [Doc. 2] is DENIED AS MOOT.
The Clerk is instructed to strike this matter from the active docket of this Court.
It is so ORDERED.
The Clerk is directed to transmit copies of this Order to counsel of record, and to
mail a copy to petitioner via certified mail, return receipt requested.
DATED: December 27, 2023.
PRESTON BAILEY
UNIT TATES DISTRICT JUDGE