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).

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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 2

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