Opinion

Miller v. Brown

Court
District Court, S.D. West Virginia
Filed
Mar 30, 2022
Cited by
0 cases
Authority
More cited than 32.8%

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

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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