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Duggins v. Antonelli

United States District Court, Northern District of West Virginia
Oct 6, 2021
Civil Action 1:21-CV-34 (N.D.W. Va. Oct. 6, 2021)

Opinion

Civil Action 1:21-CV-34

10-06-2021

ANDREW G. DUGGINS, Plaintiff, v. B.M. ANTONELLI, Warden, J. CARAWAY, Regional Director, DIRECTOR MICHAEL CARVAJAL, FEDERAL BUREAU OF PRISONS, LT. MARSHALL, and JOHN O'BRIEN, Defendants.


ORDER ADOPTING REPORT AND RECOMMENDATION

JOHN PRESTON BAILEY Judge.

The above referenced case is before this Court upon the magistrate judge's recommendation that plaintiff's Application to Proceed without Prepayment of Fees [Doc. 2] be denied.

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. Am, 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 C¡r. 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. 9] is AFFIRMED, and plaintiff's Application to Proceed Without Prepayment of Fees [Doc. 2] is DENIED.

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.


Summaries of

Duggins v. Antonelli

United States District Court, Northern District of West Virginia
Oct 6, 2021
Civil Action 1:21-CV-34 (N.D.W. Va. Oct. 6, 2021)
Case details for

Duggins v. Antonelli

Case Details

Full title:ANDREW G. DUGGINS, Plaintiff, v. B.M. ANTONELLI, Warden, J. CARAWAY…

Court:United States District Court, Northern District of West Virginia

Date published: Oct 6, 2021

Citations

Civil Action 1:21-CV-34 (N.D.W. Va. Oct. 6, 2021)