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

CHARLESTON DIVISION

TERRENCE ANTOINE WALTER MCARTHUR,

Plaintiff,

v. CIVIL ACTION NO. 2:22-cv-00038

STATE OF WEST VIRGINIA, et al.,

Defendants.

MEMORANDUM OPINION AND ORDER

On January 21, 2022, the Plaintiff, proceeding pro se, filed his Application to Proceed Without Prepayment of Fees and Costs (Document 1) and his Complaint (Document 2). By Administrative Order (Document 4) entered on January 24, 2022, 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

. On November 28, 2023, the Magistrate Judge submitted a Proposed Findings and Recommendation (Document 12) wherein it is recommended that the Plaintiff’s Complaint (Document 2) be dismissed without prejudice, that the Plaintiff’s Application to Proceed Without Prepayment of Fees and Costs (Document 1) be denied as moot, and that the matter be removed from the Court’s docket. Objections to the Magistrate Judge’s Proposed Findings and Recommendation were due by December 15, 2023. 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, and ORDERS that the Plaintiffs Complaint (Document 2) be DISMISSED WITHOUT PREJUDICE, that the Plaintiffs Application to Proceed Without Prepayment of Fees and Costs (Document 1) be DENIED AS MOOT, and that the 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: December 20, 2023 Dire. Benger’ UNITED STATES DISTRICT JUDGE SOUTHERN DISTRICT OF WEST VIRGINIA