IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA

CHARLESTON DIVISION

LAWRENCE MILLER,

Plaintiff,

v. CIVIL ACTION NO. 2:20-cv-00656

JEFF SANDY, et al.,

Defendants.

MEMORANDUM OPINION AND ORDER

On May 27, 2020, the Plaintiff, proceeding pro se, filed a Complaint (Document 1-1) in the Circuit Court of Kanawha County alleging a violation of his constitution rights. The matter was removed to this Court on October 6, 2020. On October 13, 2020, Defendant’s Motion to Dismiss (Document 3) was filed. By Administrative Order (Document 2) entered on October 8, 2020, the matter was referred to the Honorable Omar J. Aboulhosn, United States Magistrate Judge, for submission to this Court of proposed findings of fact and recommendation for disposition, pursuant to

. On May 27, 2021, the Magistrate Judge submitted a Proposed Findings and Recommendation (Document 17) wherein it is recommended that this Court grant the Defendant’s Motion to Dismiss (Document 3) and remove this matter from the Court’s docket. Objections to the Magistrate Judge’s Proposed Findings and Recommendation were due by June 14, 2021. 1 Neither party has timely filed objections to the Magistrate Judge’s Proposed Findings and Recommendation. The Court is not required to review, under a de novo or any other standard, the factual or legal conclusions of the magistrate judge as to those portions of the findings or recommendation to which no objections are addressed. Thomas v. Arn,

(1985). Failure to file timely objections constitutes a waiver of de novo review and a party’s right to appeal this Court’s Order.

(b)(1); see also Snyder v. Ridenour,

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

(4th Cir. 1984). Accordingly, the Court ADOPTS and incorporates herein the findings and recommendation of the Magistrate Judge as contained in the Proposed Findings and Recommendation, and ORDERS that the Defendant’s Motion to Dismiss (Document 3) be GRANTED, that the Plaintiff's Complaint (Document 1-1) be DISMISSED, and this matter be REMOVED from the Court’s docket. The Court DIRECTS the Clerk to send a certified copy of this Order to Magistrate Judge Aboulhosn, counsel of record, and any unrepresented party. ENTER: June 22, 2021 Dike CO. Seageh/ UNITED STATES DISTRICT JUDGE SOUTHERN DISTRICT OF WEST VIRGINIA