Opinion
Civil Action 5:22-CV-145
09-06-2022
ROBERT BARRETT, Plaintiff, v. NORTHERN REGIONAL JAIL, JOHN DOE, MICHAEL TUSTIN, MARK TUCKER, and TYLER BLACKBURN, Defendants.
ORDER ADOPTING REPORT AND RECOMMENDATION
JOHN PRESTON BAILY UNITED STATES DISTRICT JUDGE
The above-styled case came before this Court for consideration OF United States Magistrate Judge James P. Mazzone's Report and Recommendation [Doc. 18], filed on August 15, 2022. Therein, Magistrate Judge Mazzone recommends that defendants Michael Tustin, Mark Tucker, and Tyler Blackburn be dismissed with prejudice. [Doc. 18 at 6]. Further, the magistrate judge recommends that the complaint shall remain as to defendants Northern Regional Jail and John Doe. See [Id.].
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. In fact, plaintiff refused service altogether. See [Doc. 20].
A 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. 18] is ORDERED ADOPTED, and defendants Michael Tustin, Mark Tucker, and Tyler Blackburn are DISMISSED WITH PREJUDICE. The Complaint shall remain as to the following defendants: Northern Regional Jail and John Doe.
It is so ORDERED.
The Clerk is directed to transmit copies of this Order to any counsel of record and to mail a copy to the pro se petitioner.