IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF WEST VIRGINIA Wheeling JAMES TYRELL LUCAS, Plaintiff, V. Civil Action No. 5:21-CV-194 Judge Bailey RSAT PROGRAM, RSAT PROGRAM DIRECTOR ST. MARY CORRECTIONAL CENTER MS. NICHOLS, Leader of the RSAT Program, and MS. KIMBERLY, Leader of the RSAT Program, Defendants. ORDER ADOPTING REPORT AND RECOMMENDATION The above referenced case is before this Court upon the magistrate judge’s recommendation that plaintiff's complaint be dismissed with prejudice under

(e) because he has no chance of success at receiving the relief requested and deny as moot plaintiff's Motion to Proceed in forma pauperis. See [Doc. 8]. 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.

(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. Arn,

(1985). Additionally, any party who fails to file timely, written objections to the magistrate judge’s report pursuant to

(b)(1) waives the right to raise those objections at the appellate court level. United States v. Schronce,

(4th Cir. 1984), cert. denied,

(1984). No objections have been filed to the magistrate judge’s report and recommendation. 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. 8] is ADOPTED, and plaintiff's State Civil Rights Complaint Pursuant to

[Doc. 1] is DISMISSED WITH PREJUDICE. Moreover, plaintiff's Motion to Proceed in forma pauperis [Doc. 2] is DENIED AS MOOT. This Court further DIRECTS the Clerk to enter judgment in favor of the respondent and to STRIKE this 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 and to mail a copy to the pro se plaintiff. DATED: February 11, 2022.

UNITED STATES DISTRICT JUDGE