Opinion
1:24-MC-39
07-09-2024
IN RE READMISSION TO PRACTICE LAW OF TRAVIS C. SAYRE, ESQ.
ORDER ADOPTING REPORT AND RECOMMENDATION [ECF NO. 4] AND READMITTING TRAVIS C. SAYRE TO PRACTICE LAW IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF WEST VIRGINIA
THOMAS S. KLEEH, CHIEF JUDGE.
On May 23, 2024, the pro se Petitioner, Travis C. Sayre (“Petitioner”), filed a Verified Petition to Readmit Travis C. Sayre to the Practice of Law to the United States District Court of the Northern District of West Virginia [ECF No. 1]. Pursuant to 28 U.S.C. § 636 and the local rules, the Court referred the action to United States Magistrate Judge Michael J. Aloi (the “Magistrate Judge”) for a report and recommendation as to its disposition. On May 29, 2024, the Magistrate Judge entered a Report and Recommendation (“R&R”), recommending that the Court grant the petition.
The R&R informed Petitioner that he had fourteen (14) days from the date of service of the R&R to file “specific written objections, identifying the portions of the Report and Recommendation to which objection is made, and the basis of such objection.” It further warned him that the “[f]ailure to timely file written objections . . . shall constitute a waiver of de novo review by the District Court and a waiver of appellate review by the Circuit Court of Appeals.” Plaintiff accepted service of the R&R on June 4, 2024. To date, no objections have been filed.
When reviewing a magistrate judge's R&R, the Court must review de novo only the portions to which an objection has been timely made. 28 U.S.C. § 636(b)(1)(C). Otherwise, “the Court may adopt, without explanation, any of the magistrate judge's recommendations” to which there are no objections. Dellarcirprete v. Gutierrez, 479 F.Supp.2d 600, 603-04 (N.D. W.Va. 2007) (citing Camby v. Davis, 718 F.2d 198, 199 (4th Cir. 1983)). Courts will uphold portions of a recommendation to which no objection has been made unless they are clearly erroneous. See Diamond v. Colonial Life & Accident Ins. Co., 416 F.3d 310, 315 (4th Cir. 2005).
Because no party has objected, the Court is under no obligation to conduct a de novo review. Accordingly, the Court reviewed the R&R for clear error. Upon careful review, and finding no clear error, the Court ADOPTS the R&R [ECF No. 4]. The petition is GRANTED [ECF No. 1], and Travis C. Sayre is READMITTED to practice law before the United States District Court for the Northern District of West Virginia.
It is so ORDERED.
The Clerk is directed to transmit copies of this Order to the pro se Petitioner via certified mail, return receipt requested.