IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF WEST VIRGINIA TOMMY TUCKER MAYLE Plaintiff, v. CIVIL ACTION NO. 1:19CV113 (Judge Keeley) CLARKSBURG POLICE DEPARTMENT, ET AL., Defendants. ORDER ADOPTING REPORT AND RECOMMENDATION [DKT. NO. 18] AND DISMISSING CASE WITHOUT PREJUDICE On May 22, 2019, the pro se plaintiff, Tommy Tucker Mayle (“Mayle”), filed a complaint pursuant to

(Dkt. No. 1), which this Court referred to United States Magistrate Judge Michael John Aloi in accordance with

(b)(1)(A) and 636(b)(1)(B), and L.R. Civ. P. 7.02(c) and 72.01 (Dkt. No. 4). Magistrate Judge Aloi’s R&R recommended that the Court dismiss Mayle’s complaint for failure to state a claim upon which relief can be granted under

(e)(2) (Dkt. No. 18). The R&R also specifically warned Mayle that failing to object to the recommendation would result in the waiver of his appellate rights.

. Mayle did not file any objections to the R&R.1

1 The failure to object to the R&R not only waives the appellate rights in this matter, but also relieves the Court of any obligation to conduct a de novo review of the issues presented. See Thomas v. Arn,

(1985); Wells v. Shriners Hosp.,

(4th Cir. 1997). MAYLE V. CLARKSBURG POLICE DEPT., ET AL. 1:19CV113 ORDER ADOPTING REPORT AND RECOMMENDATION [DKT. NO. 18] AND DISMISSING CASE WITHOUT PREJUDICE Consequently, finding no clear error, the Court ADOPTS the R&R in its entirety (Dkt. No. 18) and DISMISSES this case WITHOUT PREJUDICE. It is so ORDERED. The Court DIRECTS the Clerk to enter a separate judgment order and to transmit copies of both orders to the pro se plaintiff by certified mail, return receipt requested, to his last known address. Dated: November 19, 2019 /s/ Irene M. Keeley IRENE M. KEELEY UNITED STATES DISTRICT JUDGE

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