Opinion

Dale v. Brown

Court
District Court, N.D. West Virginia
Filed
Feb 11, 2025
Cited by
0 cases
Authority
More cited than 34.0%

The opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF WEST VIRGINIA

Wheeling

MATTHEW DALE,

Petitioner,

V. CIVIL ACTION NO. 5:24-CV-171

Judge Bailey

WARDEN R. BROWN,

Respondent.

ORDER

The above referenced case is before this Court upon the magistrate judge's

recommendation that respondent's Motion to Dismiss or, in the Alternative, for Summary

Judgment be granted and petitioner's Petition be denied and dismissed without prejudice.

See [Doc. 17 at 7].

On December 10, 2024, this Court granted petitioner’s request for an extension of

time to file his response or reply to the Report and Recommendation, setting the deadline

for February 10, 2025. See [Docs. 18 & 19].

On December 16, 2024, this Court denied petitioner's request to stay the

above-styled case and reiterated to petitioner that he must file any objection to the Report

and Recommendation on or before February 10, 2025. See [Docs. 20 & 21].

Petitioner has not filed objections to the Report and Recommendation within the

time frame provided to him by this Court. Thus, this Court will address and rule on the

Report and Recommendation.

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 de novo review of the record indicates that the magistrate judge’s report

accurately summarizes this case and the applicable law. Accordingly, Magistrate Judge

Mazzone’s Report and Recommendation [Doc. 17] is ADOPTED. Respondent's Motion

to Dismiss or, in the Alternative, for Summary Judgment [Doc. 13] is GRANTED and

petitioner's Petition [Doc. 1] is DENIED and DISMISSED WITHOUT PREJUDICE. The

Clerk is DIRECTED TO STRIKE the above-styled case from the active docket of this Court.

It is so ORDERED.

The Clerk is also directed to mail a copy of this Order to the pro se petitioner by

certified mail, return receipt requested, to his last known address as reflected on the docket

sheet.

DATED: February 11, 2025.

BAILEY

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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