IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF WEST VIRGINIA MARTINSBURG

HELEN HEWETT,

Plaintiff,

v. CIVIL ACTION NO.: 3:20-CV-210 (GROH)

CHILDREN’S HOME SOCIETY,

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. 8] on December 9, 2020. Therein, Magistrate Judge Trumble recommends that the Plaintiff’s complaint [ECF No. 1] be dismissed without prejudice and the Plaintiff’s motion to proceed in forma pauperis [ECF No. 5] be denied as moot. ECF No. 8 at 1. Pursuant to

(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,

(1985). Failure to file timely objections constitutes a waiver of de novo review and of a plaintiff’s right to appeal this Court’s Order. 28.U.S.C. § 636(b)(1); Snyder v. Ridenour,

(4th Cir. 1989); United States v. Schronce,

(4th Cir. 1984). The Plaintiff's objections to Magistrate Judge Trumble’s R&R were due within fourteen plus three days of service.

(b)(1); Fed. R. Civ. P. 72(b). The R&R was mailed to the Plaintiff by certified mail on December 9, 2020. ECF No. 8. The Plaintiff accepted service on December 22, 2020. To date, no objections have been filed. Accordingly, this Court reviews the R&R for clear error. Upon careful review and thoughtful consideration, the Court finds that Magistrate Judge Trumble’s R&R [ECF No. 8] should be, and is hereby, ADOPTED for the reasons more fully stated therein. Therefore, the Plaintiff's Complaint [ECF No. 1] is DISMISSED WITHOUT PREJUDICE and the Plaintiffs Motion [ECF No. 5] for leave to proceed in forma pauperis is DENIED AS MOOT. This Court ORDERS that this matter be 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 her last known address as reflected on the docket sheet. DATED: February 1, 2021 oy DIBA CHIEF UNITED STATES DISTRICT JUDGE