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

NICHOLAS THOMAS BERRING-BILLMAN, Plaintiff, V. Civil Action No. 5:21-CV-67 Judge Bailey JOHN DOE #1, S.H.U. Lieutant (sic), JOHN DOES #2, Correctional Officer, JANE DOE, Day-Shift Correctional Officer, JOHN DOE #3, Correctional Officer, JOHN DOE #4, Compound/Correctional Officer, JOHN DOE #5, Compound/Correctional Officer, JOHN DOE #6, Compound/Correctional Officer, and MR. J. KONDRLA, a counselor at USP Hazelton, Defendants.

ORDER ADOPTING REPORT AND RECOMMENDATION The above referenced case is before this Court upon the magistrate judge’s recommendation that this matter be dismissed with prejudice. See [Doc. 52]. 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 within the prescribed time frame. Accordingly, a review of the record indicates that the magistrate judge’s report accurately summarizes this case and the applicable law. Therefore, the magistrate judge’s report and recommendation [Doc. 52[ is AFFIRMED, defendants’ Motion to Dismiss, or in the Alternative, Motion for Summary Judgment [Doc. 46] is GRANTED, and this case is DISMISSED WITH PREJUDICE. It is so ORDERED. The Clerk is directed to mail a copy of this Order to plaintiff and to transmit copies to all counsel of record herein. DATED: December 48 2022.

RLIN PRESTON BAIL ema UNITED STATES DISTRICT JUDGE