Opinion
Civil Action 3:22-CV-163 (GROH)
03-16-2023
BRIAN STEWART, Plaintiff, v. TIMOTHY REICHARD, MICHELE STEWART, RODNEY ALAN STEWART, SR., and FAIRMONT POLICE DEPARTMENT, Defendants.
ORDER ADOPTING REPORT AND RECOMMENDATION
GINA M. GROH, UNITED STATES DISTRICT JUDGE
On this day, the above-styled matter came before the Court for consideration of the Report and Recommendation (“R&R”) of United States Magistrate Judge Robert W. Trumble. Pursuant to the Local Rules, this civil action was referred to Judge Trumble for submission of a proposed R&R. Magistrate Judge Trumble issued an R&R [ECF No. 19] on February 10, 2023. In the R&R, Judge Trumble recommends that the Plaintiff's Complaint [ECF No. 1] be dismissed with prejudice.
Pursuant to 28 U.S.C. § 636(b)(1)(C), this Court is required to make a de novo review of those portions of the magistrate judge's findings to which objection is made. However, 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). Failure to file timely objections constitutes a waiver of de novo review and of a Plaintiff'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).
Objections to Magistrate Judge Trumble's R&R were due within fourteen plus three days of the Plaintiff being served with a copy of the same. 28 U.S.C. § 636(b)(1); Fed.R.Civ.P. 72(b). Service was accepted by the pro se Plaintiff on February 13, 2023. ECF No. 20. The Court finds that the deadline for the Plaintiff to submit objections to the R&R has passed. No objections were filed. Accordingly, the R&R is reviewed for clear error.
Upon careful review of the R&R, it is the opinion of this Court that Magistrate Judge Trumble's Report and Recommendation [ECF No. 19] should be, and is hereby, ORDERED ADOPTED for the reasons more fully stated therein, and the Plaintiff's Complaint is DISMISSED WITH PREJUDICE. ECF No. 1.
The Clerk of Court is DIRECTED to mail a copy of this Order to the Plaintiff by certified mail, return receipt requested, at his last known address as reflected on the docket sheet.