Stephens v. United States of America

Filing 10

ORDER ADOPTING REPORT AND RECOMMENDATION. Signed by Chief Judge Gina M. Groh on 12/21/2020. (cwm) Copy mailed to pro se plaintiff by CMRR. (Additional attachment(s) added on 12/21/2020: # 1 Certified Mail Return Receipt) (cwm).

Case 3:19-cv-00060-GMG Document 10 Filed 12/21/20 Page 1 of 2 PageID #: 49

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF WEST VIRGINIA
MARTINSBURG
DEVON THOMAS STEPHENS,
Plaintiff,
v.

CIVIL ACTION NO.: 3:19-CV-60
(GROH)

UNITED STATES OF AMERICA,
Defendant.
ORDER ADOPTING REPORT AND RECOMMENDATION
Now before the Court is a Report and Recommendation (“R&R”) filed by United
States Magistrate Judge Robert W. Trumble. Pursuant to this Court’s Local Rules, this
action was referred to Magistrate Judge Trumble for submission of a proposed R&R.
Magistrate Judge Trumble issued his R&R [ECF No. 9] on September 28, 2020.
Therein, Magistrate Judge Trumble recommends that the Plaintiff’s Federal Torts Claims
Act complaint [ECF No. 1] be denied and dismissed without prejudice. ECF No. 9 at 4.
Pursuant to 28 U.S.C. § 636(b)(1)(C), this Court must conduct a de novo review of
the magistrate judge’s findings where 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 to which no objection is made. Thomas v. Arn, 474 U.S. 140, 150
(1985). Failure to file timely objections constitutes a waiver of de novo review and of a
petitioner’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).

Case 3:19-cv-00060-GMG Document 10 Filed 12/21/20 Page 2 of 2 PageID #: 50

The Plaintiff’s objections to Magistrate Judge Trumble’s R&R were due within
fourteen plus three days of service. 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b). The
R&R was mailed to the Plaintiff by certified mail on September 28, 2020, and USPS
records show that the document was delivered on October 5, 2020. ECF No. 9. To date,
no objections have been filed. Accordingly, this Court reviews the R&R for clear error.
Upon careful review and thoughtful consideration, it is the opinion of this Court that
Magistrate Judge Trumble’s R&R [ECF No. 9] should be, and is hereby, ORDERED
ADOPTED for the reasons more fully stated therein. Therefore, the Plaintiff’s Federal
Torts Claims Act complaint [ECF No. 1] is DENIED and DISMISSED WITHOUT
PREJUDICE.
This matter is ORDERED STRICKEN from the Court’s active docket. The Clerk
of Court is DIRECTED to mail a copy of this Order to the pro se Plaintiff by certified mail,
return receipt requested, at his last known address as reflected on the docket sheet.
DATED: December 21, 2020

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