Duggins v. Antonelli et al

Filing 12

ORDER ADOPTING 9 REPORT AND RECOMMENDATION and denying 2 Motion for Leave to Proceed in forma pauperis. Signed by District Judge John Preston Bailey on 10/6/21. (mh) (Copy PS Plaintiff via cert mail) (Additional attachment(s) added on 10/6/2021: # 1 Certified Mail Return Receipt) (mh).

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF WEST VIRGINIA Clarksburg ANDREW G. DUGGINS, Plaintiff, v. Civil Action No. 1:21-CV-34 Judge Bailey 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 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 reportto 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 I 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 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 prose plaintiff. DATED: October~, 2021. J N PRESTON BAILEY UNI ATES DISTRICT JUDGE 2

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