Opinion
CIVIL ACTION NO. 3:05-cv-78.
July 11, 2007
ORDER ADOPTING REPORT AND RECOMMENDATION
By Standing Order entered on March 24, 2000, this action was referred to United States Magistrate Judge John S. Kaull for submission of a proposed report and a recommendation ["R R"]. Magistrate Judge Kaull filed his R R on June 22, 2007 [Doc. 23]. In that filing, the magistrate judge recommended that this Court grant defendant Crawford's Motion to Dismiss [Doc. 16] and that he be dismissed with prejudice as a defendant in the case.
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 petitioner's 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 Kaull's R R were due by July 9, 2007, pursuant to 28 U.S.C. § 636(b)(1) and Fed.R.Civ.P. 72(b). No objections have been filed.
Accordingly, the Court hereby adopts the recommendations of Magistrate Judge Kaull [Doc. 23]. This Court finds that the plaintiff has failed to state a claim for which relief can be granted against defendant Crawford. Therefore, the Court hereby GRANTS defendant Crawford's Motion to Dismiss [Doc. 16] and DISMISSES with prejudice Crawford as a defendant in this case.
The Clerk is directed to mail copies of this Order to all counsel of record and the pro se petitioner.