Opinion
Civil Action 1:21-CV-16
09-28-2021
GREGORY K. CLINTON, Plaintiff, v. JUDGE NIEMEYER, Fourth Circuit Court of Appeals, in his individual capacity, JUDGE FLOYD, Fourth Circuit Court of Appeals, in his individual capacity, and JUDGE RICHARDSON, Fourth Circuit Court of Appeals, in his individual capacity, Defendants.
ORDER ADOPTING REPORT AND RECOMMENDATION
THOMAS S. KLEEH UNITED STATES DISTRICT JUDGE
The above referenced case is before this Court upon the magistrate judge's recommendation that plaintiff's claims [Doc. 1] against all three of the defendants be dismissed with prejudice as frivolous pursuant to 28 U.S.C. § 1915A(b)(1) and plaintiff's Motion to Proceed In Forma Pauperis [Doc. 2] 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). 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. 7] is AFFIRMED, and plaintiff's Complaint [Doc. 1] is DISMISSED WITHOUT PREJUDICE as frivolous pursuant to 28 U.S.C. § 1915A(b)(1) . Moreover, plaintiff's Motion to Proceed In Forma Pauperis [Doc. 2] is hereby DENIED AS MOOT. This Court further DIRECTS the Clerk to enter judgment in favor of the defendants and to STRIKE this case from the active docket of this Court.
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.