The opinion
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
CHARLESTON DIVISION
ANDREW MILLER,
Plaintiff,
v. CIVIL ACTION NO. 2:21-cv-00432
MIKE BROWN, et al.,
Defendants.
MEMORANDUM OPINION AND ORDER
On August 2, 2021, the Plaintiff, proceeding pro se, filed an Application to Proceed
Without Prepayment of Fees and Costs (Document 1) and a Complaint (Document 2). By
Administrative Order (Document 3) entered on August 3, 2021, the matter was referred to the
Honorable Omar J. Aboulhosn, 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 March 11, 2022, the Magistrate Judge submitted a Proposed Findings and
Recommendation (Document 4) wherein it is recommended that this Court deny the Plaintiff’s
Application to Proceed Without Prepayment of Fees and Costs (Document 1), dismiss the
Plaintiff’s Complaint (Document 2) without prejudice pursuant to 28 U.S.C. § 1915(g), and
remove this matter from the Court’s docket. Objections to the Magistrate Judge’s Proposed
Findings and Recommendation were due by March 28, 2022.
1
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
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 a party’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 Plaintiff's Application to Proceed Without Prepayment
of Fees and Costs (Document 1) be DENIED, the Plaintiff's Complaint (Document 2) be
DISMISSED without prejudice pursuant to 28 U.S.C. § 1915(g), and the matter be REMOVED
from the Court’s docket.
The Court DIRECTS the Clerk to send a certified copy of this Order to Magistrate Judge
Aboulhosn, counsel of record, and any unrepresented party.
ENTER: March 30, 2022
Dire. Benger’
UNITED STATES DISTRICT JUDGE
SOUTHERN DISTRICT OF WEST VIRGINIA