Opinion
CIVIL ACTION NO. 5:12-CV-22
12-10-2012
PATRICK RAY WALL, Plaintiff, v. SCOTT VILLERS, Acting Administrator, Tygart Valley Regional Jail; and ANDREW HOWLETT, Chronic Care Physician, Tygart Valley Regional Jail, Defendants.
(BAILEY)
ORDER ADOPTING REPORT AND RECOMMENDATION
On this day, the above-styled matter came before this Court for consideration of the Report and Recommendation of United States Magistrate Judge James E. Seibert [Doc. 35]. Pursuant to this Court's Local Rules, this action was referred to Magistrate Judge Seibert for submission of a proposed report and a recommendation ("R & R"). Magistrate Judge Seibert filed his R&R on November 14, 2012 [Doc. 35].
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). In addition, failure to file timely objections constitutes a waiver of de novo review and the 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). Here, objections to Magistrate Judge Seibert's R & R were due within fourteen (14) days of receipt, pursuant to 28 U.S.C. § 636(b)(1) and Fed.R.Civ.P. 72(b). The docket reflects that service was accepted on November 17, 2012 [Doc. 36]. No objections have been filed. Accordingly, this Court will review the R&R for clear error.
Upon careful review of the above, it is the opinion of this Court that the Report and Recommendation [Doc. 35] should be, and is, hereby ORDERED ADOPTED for the reasons more fully stated in the magistrate judge's report. Defendant West Virginia Regional Jail Authority's and Scott Villers' Motion to Dismiss in Lieu of Answer [Doc. 18] is GRANTED. Accordingly, this Court ORDERS the plaintiff's § 1983 claims [Doc. 1] be DISMISSED WITH PREJUDICE for failure to sate a claim upon which relief can be granted, for failure to timely effect service, and because this matter is moot. This Court DIRECTS the Clerk to enter judgment for 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.
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JOHN PRESTON BAILEY
UNITED STATES DISTRICT JUDGE