Hammons v. Brown

Full title: BRITT JARRIEL HAMMONS, Petitioner, v. MR. BROWN, Respondent.

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

Date published: Feb 13, 2023

Civil Action 5:22-CV-164 (N.D.W. Va. Feb. 13, 2023)

Opinion

Civil Action 5:22-CV-164

02-13-2023

BRITT JARRIEL HAMMONS, Petitioner, v. MR. BROWN, Respondent.

Bailey Judge

ORDER ADOPTING REPORT AND RECOMMENDATION

Bailey Judge

The above-styled case came before this Court for consideration of United States Magistrate Judge James P. Mazzone's Report and Recommendation [Doc. 23], filed on January 19, 2023. Therein, Magistrate Judge Mazzone recommends that respondent's Motion to Dismiss for Failure to State a Claim [Doc. 18] should be granted and petitioner's petition [Doc. 1] should be denied and dismissed without prejudice.

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 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. 23] is ORDERED ADOPTED, respondent's Motion to Dismiss for Failure to State a Claim [Doc. 18] is GRANTED, and petitioner's petition [Doc. 1] is DENIED and DISMISSED WITHOUT PREJUDICE.

This Court further DIRECTS the Clerk 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 petitioner.