Opinion
CIVIL ACTION NO. 2:17-CV-115
10-03-2017
ULYSSES A. BELLAMY, Plaintiff, v. DIANA R. MILL, AWP; JOHN DOE, Glenville State College; STEVE FINCHMAN, CPS; SHANNON SHIFLETT, Defendants.
(BAILEY)
ORDER ADOPTING REPORT AND RECOMMENDATION
On this day, the above-styled matter came before this Court for consideration of the Report and Recommendation of United States Magistrate Judge James E. Seibert [Doc. 6]. Pursuant to this Court's Local Rules, this action was referred to Magistrate Judge Seibert for submission of a proposed report and a recommendation ("R & R"). Magistrate Judge Seibert filed his R&R on August 29, 2017, wherein he recommends this Court deny the plaintiff's Motion for Leave to Proceed In Forma Pauperis [Doc. 2] and order the plaintiff to pay the full $400.00 filing fee.
Pursuant to 28 U.S.C. § 636(b)(1)(c), this Court is required to make a de novo review of those portions of the magistrate judge's findings to which objection is made. However, 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). In addition, failure to file timely objections constitutes a waiver of de novo review and the right to appeal this Court's Order. 28 U.S.C. § 636(b)(1); Snyder v. Ridenour , 889 F.2d 1363, 1366 (4th Cir. 1989); United States v. Schronce , 727 F.2d 91, 94 (4th Cir. 1984). Here, objections to Magistrate Judge Seibert's R&R were due within fourteen (14) days of receipt, pursuant to 28 U.S.C. § 636(b)(1) and Fed.R.Civ.P. 72(b). The docket reflects that service was accepted on August 30, 2017 [Doc. 7]. No objections have been filed. Accordingly, this Court will review the R&R for clear error.
Upon careful review of the above, it is the opinion of this Court that the Report and Recommendation [Doc. 6] should be, and is, hereby ORDERED ADOPTED for the reasons more fully stated in the magistrate judge's report. Accordingly, this Court ORDERS that the plaintiff's Motion for Leave to Proceed In Forma Pauperis [Doc. 2] be DENIED. As an additional matter, this Court observes that the plaintiff has tendered full payment of the filing fee on September 8, 2017 in accordance with the magistrate judge's report [Doc. 10].
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 plaintiff.
DATED: October 3, 2017.
/s/_________
JOHN PRESTON BAILEY
UNITED STATES DISTRICT JUDGE