Bray v. Ray

Filing 16

ORDER ADOPTING 14 REPORT AND RECOMMENDATION. Respondent's 9 Motion for Summary Judgment is GRANTED and petitioner's 1 Petition is DENIED AND DISMISSED WITHOUT PREJUDICE. Signed by District Judge John Preston Bailey on 7/8/24. (Pro Se Petitioner via CM/rrr) (lmm) (Additional attachment(s) added on 7/8/2024: # 1 Certified Mail Return Receipt) (lmm).

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF WEST VIRGINIA Wheeling REGINALD BRAY, Petitioner, v. Civil Action No. 5:24-CV-36 Judge Bailey H. RAY, Respondent. ORDER ADOPTING REPORT AND RECOMMENDATION The above referenced case is before this Court upon the magistrate judge’s recommendation that respondent’s Motion to Dismiss, or in the Alternative, for Summary Judgment be granted and petitioner’s petition be denied and dismissed without prejudice. This Court is charged with conducting a de novo review of any portion of the magistrate judge’s report to 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 partywho fails to file timely, written objections to the magistrate judge’s report pursuant to 28 U.S.C. level. § 636(b)(1) waives the right to raise those objections at the appellate court United States v. Schronce, 727 F.2d 91 (4th Cir. 1984), cert. denied, 467 1 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. 14] is ADOPTED. Respondent’s Motion to Dismiss, or in the Alternative, Motion for Summary Judgment [Doc. 9] is GRANTED and petitioner’s Petition [Doc. 1] is DENIED AND DISMISSED WITHOUT PREJUDICE. It is so ORDERED. The Clerk is directed to transmit copies of this Orderto any counsel of record herein. DATED: July 8, 2024. ~ UNITED STATES DISTRICT JUDGE 2

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