UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF WEST VIRGINIA AT BECKLEY

RALPH WILLIAM BAILEY, JR., Petitioner, v. CIVIL ACTION NO. 5:22-cv-00023 JIM JUSTICE and MICHAEL COCHRAN and WYOMING COUNTY SHERIFF’S OFFICE and WEST VIRGINIA DIVISION OF MOTOR VEHICLES,

Respondent.

ORDER

Pending is Plaintiff Ralph William Bailey, Jr.’s Application to Proceed in Forma Pauperis [Doc. 1], filed on January 11, 2022. This action was previously referred to the Honorable Omar J. Aboulhosn, United States Magistrate Judge, for submission of proposed findings and a recommendation (“PF&R”). Magistrate Judge Aboulhosn filed his PF&R on February 22, 2022. Magistrate Judge Aboulhosn recommended that the Court dismiss the Complaint [Doc. 5] pursuant to

(e)(2)(b)(ii). The Court need not 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. See Thomas v. Arn,

(1985); see also

(b)(1) (“A judge of the court shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made.” (emphasis added)). Failure to file timely objections constitutes a waiver of de novo review and the Petitioner’s right to appeal the Court’s order. See

(b)(1); see also United States v. De Leon- Ramirez,

(4th Cir. 2019) (Parties may not typically “appeal a magistrate judge’s findings that were not objected to below, as § 636(b) doesn’t require de novo review absent objection.”); Snyder v. Ridenour,

(4th Cir. 1989). Further, the Court need not conduct de novo review when a party “makes general and conclusory objections that do not direct the Court to a specific error in the magistrate’s proposed findings and recommendations.” Orpiano v. Johnson,

(4th Cir. 1982). Objections in this case were due on March 11, 2022. No objections were filed. Accordingly, the Court ADOPTS the PF&R [Doc. 6], DENIES the Application to Proceed in Forma Pauperis [Doc. 1], DISMISSES the Amended Complaint [Doc. 5], and DISMISSES the matter. The Court directs the Clerk to transmit a copy of this Order to any counsel of record and any unrepresented party. ENTER: April 26, 2022 @elia Ky Frank W. Volk Sirens United States District Judge