Lucy Clark v. Michael Rosenthal, et al.

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA CHARLESTON DIVISION LUCY CLARK, Plaintiff, v. CIVIL ACTION NO. 2:26-cv-00298 MICHAEL ROSENTHAL, 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 28 U.S.C. § 636. On April 30, 2026, Judge Tinsley submitted his Proposed Findings & Recommendation [ECF No. 4] (“PF&R”) and recommended that the court DENY Plaintiff's Application to Proceed Without Prepayment of Fees or Costs, [ECF No. 1], and DISMISS this action without prejudice. 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.” 28 U.S.C. § 636(b)(1)(C). This court is not, however, required to review, under a de novo or any other standard, ' The court notes that the PF&R was served on Plaintiff by mail and returned as undeliverable. [ECF No. 5]. “A party who represents himself or herself shall file with the clerk his or her complete name and address where pleadings, notices, orders, and other papers may be served on him or her ....A pro se party must advise the clerk promptly of any changes in... address... .” S.D. W.

Va. LR Civ P 83.5. 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 vy. Arn, 474 U.S. 140, 150 (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 DENIES Plaintiffs Application to Proceed Without Prepayment of Fees or Costs, [ECF No. 1], DISMISSES this case without prejudice, 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: May 19, 2026 / G Ae oe STATES DISTRICT JUDGE