Bates v. Med. Staff at The E. Reg'l Jail in Martinsburg, W.Va.

Full title: WENDELL ELIJAH BATES, Plaintiff, v. MEDICAL STAFF AT THE EASTERN REGIONAL…

Court: United States District Court, Northern District of West Virginia

Date published: Aug 30, 2023

Civil Action 5:23-CV-252 (N.D.W. Va. Aug. 30, 2023)

Opinion

Civil Action 5:23-CV-252

08-30-2023

WENDELL ELIJAH BATES, Plaintiff, v. MEDICAL STAFF AT THE EASTERN REGIONAL JAIL IN MARTINSBURG, WEST VIRGINIA, Defendant.

JOHN PRESTON BAILEY UNITED STATES DISTRICT JUDGE

ORDER ADOPTING REPORT AND RECOMMENDATION

JOHN PRESTON BAILEY UNITED STATES DISTRICT JUDGE

The above referenced case is before this Court upon the magistrate judge's recommendation that plaintiff's case be dismissed without prejudice for failure to state a claim and the pending Motion for Leave to Proceed in forma pauperis be denied as moot.

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).

The report and recommendation was filed on July 14, 2023. [Doc. 6]. Plaintiff did not appear to receive the report and recommendation. The Court then directed the Clerk to re-send the R&R by certified mail, return receipt requested, to plaintiff's address as reflected on the docket sheet on August 9, 2023. [Doc. 7]. Service was accepted on August 12,2023. [Doc. 8]. Eighteen (18) days have elapsed and 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, the magistrate judge's report and recommendation [Doc. 6] is ADOPTED, and plaintiff's Complaint [Doc. 1] is DISMISSED WITHOUT PREJUDICE for failure to state a claim. Plaintiff's Motion for Leave to Proceed in forma pauperis [Doc. 2] is DENIED AS MOOT.

It is so ORDERED.

The Clerk is directed to transmit copies of this Order to any counsel of record herein.