UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF WEST VIRGINIA Wheeling

LEONIDAS SIERRA, Plaintiff, V. CIVIL ACTION NO. 5:22-CV-105 Judge Bailey UNITED STATES OF AMERICA, Defendant. ORDER GRANTING REPORT AND RECOMMENDATION The above-styled case came before this Court for consideration of United States Magistrate Judge James P. Mazzone’s Report and Recommendation [Doc. 66], filed on March 14, 2023. Therein, Magistrate Judge Mazzone recommends that defendant's Motion to Dismiss [Doc. 52] be granted in part and denied in part. 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 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. 66] is ORDERED ADOPTED. For the reasons more fully stated in the magistrate judge’s R&R, defendant's Motion to Dismiss [Doc. 52] is GRANTED IN PART AND DENIED IN PART. Additionally, defendant’s Motion to Dismiss [Doc. 31] is DENIED AS MOOT. Further, claim three of the Second Amended Complaint is hereby DISMISSED WITH PREJUDICE. 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 plaintiff. DATED: April 4, 2023.

JOHN PRESTON BAILEY UNITED STATES DISTRICT JUDGE