Green v. State of West Virginia et al

Filing 16

ORDER adopting Report and Recommendations re #7 . This matter is DISMISSEDWITH PREJUDICE. Signed by District Judge John Preston Bailey on 6/5/2024. (ag)(pro se PLA cm rrr) (Additional attachment(s) added on 6/6/2024: #1 Certified Mail Return Receipt) (ag).

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF WEST VIRGINIA
Wheeling
DAMION DANTE MAURICE GREEN,
Plaintiff,
v.

CIV. ACT. NO. 5:24-CV-73
Judge Bailey

STATE OF WEST VIRGINIA,
BRANDI OTEY, Parole Officer,
RALEIGH COUNTY PAROLE OFFICE,
and WEST VIRGINIA STATE PAROLE
OFFICE & BOARD OF CHARLESTON,
Defendants.
ORDER
The above-referenced case is before this Court upon the magistrate judge’s
recommendation that this matter be dismissed with 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 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

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.
I

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. 7] is ADOPTED and this matter is DISMISSED
WITH PREJUDICE.
The Clerk is DIRECTED TO STRIKE the above-styled 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 herein
and to pro se plaintiff
DATED: June 5, 2024.

J~~Y&L*~
UNI
ATES DISTRICT JUDGE

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