Chapman v. State of West Virginia
Chapman v. State of West Virginia
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
CHARLESTON DIVISION
OSCAR J. CHAPMAN,
Plaintiff,
v. CIVIL ACTION NO. 2:23-cv-00422
STATE OF WEST VIRGINIA, et al.,
Defendants.
ORDER
Pending before the Court is Plaintiff’s Application to Proceed Without Prepayment of Fees and Costs, (ECF No. 1) and a “Notice of Intent to Sue,” which the Court has construed as a civil complaint alleging excessive force under
42 U.S.C. § 1983, (ECF No. 2). By Standing Order entered on January 4, 2016, (ECF No. 5), this action was referred to United States Magistrate Judge Dwane L. Tinsley for submission of proposed findings and a recommendation for disposition (“PF&R”). Magistrate Judge Tinsley filed his PF&R on May 9, 2024, recommending that this Court dismiss this matter for failure to prosecute because Plaintiff failed to complete a new Application to Proceed Without Prepayment of Fees and Costs, which was due on November 13, 2023. (ECF No. 11.) This 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,
474 U.S. 140, 150(1985). Failure to file timely objections constitutes a waiver of de novo review.
28 U.S.C. § 636(b)(1); see also Snyder vy. Ridenour,
889 F.2d 1363, 1366 (4th Cir. 1989); United States v. Schronce,
727 F.2d 91, 94(4th Cir. 1984). In addition, this Court need not conduct a 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,
687 F.2d 44, 47(4th Cir. 1982). Objections to the PF&R were due on May 23, 2024. (ECF 11). Plaintiffhas not filed any objections to the PF&R, thereby waiving de novo review of Magistrate Judge Tinsley’s PF&R. Accordingly, the Court ADOPTS the PF&R, (id.), and DISMISSES the action WITHOUT PREJUDICE. IT IS SO ORDERED. The Court DIRECTS the Clerk to send a copy of this Order to counsel of record and any unrepresented party. ENTER: June 17, 2024
GE
Reference
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