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

ROSS MATTHEW CATAFFO, Plaintiff, v. CIVIL ACTION NO. 2:25-cv-000523 EMPIRE CONSTRUCTIONS SUPPLY, et al., Defendants.

ORDER This action was referred to United States Magistrate Judge Dwane L. Tinsley for submission of proposed findings of fact and recommendations for disposition pursuant to

. On October 14, 2025, Judge Tinsley submitted his Proposed Findings & Recommendation [ECF No. 7] (‘PF&R”) and recommended that the court DISMISS this action pursuant to Federal Rule of Civil Procedure 41(b) for failure to prosecute. Neither party filed objections to the PF&R nor sought an extension of time. A district court “shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made.”

(b)(1)(C). This court is not, however, 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). Because the parties have not filed objections in this case, the court accepts and incorporates herein the PF&R and orders judgment consistent therewith. The court DISMISSES this case

pursuant to Federal Rule of Civil Procedure 41(b) and DIRECTS this action to be removed from the docket. The court DIRECTS the Clerk to send a copy of this Order to counsel of record and any unrepresented parties.

ENTER: November 7, 2025

JOSEPH &. GOODW ew STATES DISTRICT JUDGE