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

CHARLESTON DIVISION

ROBERT LYNN DEBORD, JR.,

Plaintiff,

v. CIVIL ACTION NO. 2:21-cv-00522

DEPUTY ANDREW GROVES and DEPUTY CARR,

Defendants.

MEMORANDUM OPINION AND ORDER

On September 15, 2021, the Plaintiff, proceeding pro se, filed his Complaint (Document 2) in this matter. By Administrative Order (Document 3) entered on September 16, 2021, 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

. Subsequently, on August 25, 2022, Defendant Andrew Groves’ Motion for Summary Judgment (Document 14) was filed. On October 27, 2022, the Magistrate Judge submitted a Proposed Findings and Recommendation (Document 18) wherein it is recommended that this Court dismiss the Plaintiff’s Complaint with prejudice, deny as moot Defendant Groves’ motion for summary judgment, and remove this matter from the Court’s docket. Objections to the Magistrate Judge’s Proposed Findings and Recommendation were due by November 14, 2022. 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. The Court ORDERS that the Plaintiff's Complaint (Document 2) be DISMISSED with prejudice, that Defendant Andrew Groves’ Motion for Summary Judgment (Document 14) be DENIED as moot, and that 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: November 28, 2022 Dike CO. Seageh/ UNITED STATES DISTRICT JUDGE SOUTHERN DISTRICT OF WEST VIRGINIA