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

HENRY CLAY DAVIS, Petitioner, V. CIVIL ACTION No. 5:22-CV-163 Judge Bailey WARDEN NR\J, Respondent.

ORDER ADOPTING REPORT AND RECOMMENDATION The above referenced case is before this Court upon the magistrate judge’s recommendation that respondent’s Motion to Dismiss be granted and petitioner's

petition be dismissed without prejudice as to the petitioner's right to renew the same following the proper exhaustion of state remedies. 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 is ADOPTED, and petitioner's Petition for a Writ of Habeas Corpus Pursuant to

[Doc. 8] is DISMISSED WITHOUT PREJUDICE. Moreover, Respondent's Motion to Dismiss [Doc. 20] is GRANTED. Itis 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 7, 2023.

JOHN PRESTON BAILEY ““s.ccmce UNITED STATES DISTRICT JUDGE