IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF WEST VIRGINIA Clarksburg KILTON L. KITCHEN, Petitioner, V. CRIMINAL ACTION NO. 1:16-CV-169 Judge Bailey DONALD AMES, Respondent. ORDER ADOPTING REPORT AND RECOMMENDATION The above referenced case is before this Court upon the magistrate judge’s recommendation that petitioner's petition/amended petition be dismissed with prejudice. See [Doc. 110]. 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.

Ade 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. 110] is ADOPTED, and petitioner's Petitions Under

for Writ of Habeas Corpus by a Person in State Custody [Docs. 1 & 74] are DENIED and DISMISSED WITH PREJUDICE. 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. An appeal may not be taken from the final order in a § 2254 proceeding unless the district court issues a certificate of appealability. See

(c)(1)(A). Acertificate of appealability will not issue unless a prisoner makes “a substantial showing of the denial of aconstitutional right.”

(c)(2). Petitioner has failed to make this showing and, accordingly, this Court DECLINES to issue a certificate of appealability. 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 petitioner. DATED: March Lo 2022. □

G- 1 JOHN PRESTONBAILEY — UNITED STATES DISTRICT JUDGE