Opinion
CIVIL ACTION NO. 2:17-cv-04398
09-20-2018
ANDREW MILLER, Plaintiff, v. JAMES STUCKY, et al., Defendants.
MEMORANDUM OPINION AND ORDER
Pending before the Court are Plaintiff's Application to Proceed Without Prepayment of Fees and Costs, (ECF No. 1), and Motion to Proceed In Forma Pauperies [sic], (ECF No. 3). By Standing Order filed in this case on November 27, 2017, this action was referred to United States Magistrate Judge Dwane L. Tinsley for submission of proposed findings and a recommendation for disposition ("PF&R"). (ECF No. 5.) Magistrate Judge Tinsley filed his PF&R on August 27, 2018, recommending that this Court find that Plaintiff fails to state a claim upon which relief can be granted, dismiss this matter pursuant to 28 U.S.C. § 1915(e)(2)(B) and § 1915A, and deny both the Application to Proceed Without Prepayment of Fees and Costs, (ECF No. 1), and Motion to Proceed In Forma Pauperies [sic], (ECF No. 3). (ECF No. 6.)
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 the Plaintiff'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). In addition, this Court need not conduct a de novo review when a party "makes general and conclusory objections that do not direct the Court to a specific error in the magistrate's proposed findings and recommendations." Orpiano v. Johnson, 687 F.2d 44, 47 (4th Cir. 1982).
Objections to the PF&R in this case were due on September 13, 2018. To date, no objections have been filed. Accordingly, the Court ADOPTS the PF&R, (ECF No. 6), and FINDS that Plaintiff's Complaint, (ECF No. 2), fails to state a claim upon which relief can be granted. The Court further DENIES Plaintiff's Application to Proceed Without Prepayment of Fees and Costs, (ECF No. 1), and Motion to Proceed In Forma Pauperies [sic], (ECF No. 3), DISMISSES this civil action pursuant to 28 U.S.C. § 1915(e)(2)(B) and § 1915A, and DIRECTS the Clerk to remove this matter from the Court's docket.
IT IS SO ORDERED.
The Court DIRECTS the Clerk to send a copy of this Order to counsel of record and any unrepresented party.
ENTER: September 20, 2018
/s/_________
THOMAS E. JOHNSTON, CHIEF JUDGE