Serene Ruiz v. Brian Gottlieb

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

SERENE RUIZ, Plaintiff, v. CIVIL ACTION NO. 2:26-cv-00076 BRIAN GOTTLIEB, Defendant.

MEMORANDUM OPINION AND ORDER

On February 2, 2026, the Plaintiff, proceeding pro se, filed an Application to Proceed in District Court Without Prepaying Fees or Costs (Document 1) and a Complaint (Document 2).

By Administrative Order (Document 3) entered on that date, the action 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 28 U.S.C. § 636.

On February 23, 2026, the Magistrate Judge submitted a Proposed Findings and Recommendation (Document 5) wherein it is recommended that this Court deny the Plaintiff’s Application to Proceed in District Court Without Prepaying Fees or Costs (Document 1) and dismiss the Plaintiff’s Complaint (Document 2) without prejudice. Objections to the Magistrate Judge’s Proposed Findings and Recommendation were due by March 12, 2026.1 The docket reflects that the Proposed Findings and Recommendation mailed to the Plaintiff was returned as undeliverable on March 11, 2026.

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, 474 U.S. 140, 150 (1985).

Failure to file timely objections constitutes a waiver of de novo review and a party’s right to appeal this Court’s Order. 28 U.S.C. § 636(b)(1); see also Snyder v. Ridenour, 889 F.2d 1363, 1366 (4th Cir. 1989); United States v. Schronce, 727 F.2d 91, 94 (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 Plaintiff's Application to Proceed in District Court Without Prepaying Fees or Costs (Document 1) be DENIED, the Plaintiffs Complaint (Document 2) be DISMISSED WITHOUT PREJUDICE, and this 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: March 19, 2026 Dire. Benger’ UNITED STATES DISTRICT JUDGE SOUTHERN DISTRICT OF WEST VIRGINIA