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

DEONTE VONDELL SPICER Plaintiff, v. CIVIL ACTION NO.: 3:19-CV-10 (GROH) OFFICER ANTHONY SATTERELLI, OFFICER J. BROWN, OFFICER A. CUNNINGHAM, and OTHER UNKNOWN NAMED DEFENDANTS, Defendants.

ORDER ADOPTING REPORT AND RECOMMENDATION Now before the Court is the Report and Recommendation (“R&R”) of 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. Magisirate Judge Trumble issued his R&R [ECF No. 45] on October 14, 2021. Therein, Magistrate Judge Trumble recommends that this Court dismiss the Plaintiff's complaint [ECF No. 1] with prejudice. This case was previously dismissed [ECF No. 10] and reopened [ECF No. 19], and an appeal to the Fourth Circuit was ultimately dismissed [ECF No. 36]. Pursuant to

(b){1)(C), this Court must conduct a de novo review of the magistrate judge’s findings where an objection is made. However, the Court is not required to review, under a de novo or 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 vy. Schronce,

(4th Cir. 1984). 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 pro se Plaintiff accepted service on October 18, 2021. ECF No. 46. To date, no objections have been filed. Accordingly, this Court will review the R&R for clear error. Upon careful review of the R&R, it is the opinion of this Court that Magistrate Judge Trumble’s Report and Recommendation [ECF No. 45] should be, and is hereby, ORDERED ADOPTED for the reasons more fully stated therein. The Court hereby ORDERS that the Plaintiff's complaint [ECF No. 1] be DISMISSED WITH PREJUDICE. The Court DIRECTS the Clerk to strike this case from the active docket and transmit a copy of this Order to the pro se Plaintiff by certified mail, return receipt requested. DATED: December 1, 2021 Sh CHIEF UNITED STATES DISTRICT JUDGE