David Lee Bryant v. Toby Allen, et al.

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA CHARLESTON DIVISION DAVID LEE BRYANT, Plaintiff, v. CIVIL ACTION NO. 2:25-cv-00275 TOBY ALLEN, et al., Defendants.

MEMORANDUM OPINION AND 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 May 13, 2026, Magistrate Judge Tinsley submitted his Proposed Findings & Recommendations (“PF&R”), [ECF No. 17], and recommended that the court DISMISS this matter without prejudice pursuant to Rule 41(b) of the Federal Rules of Civil Procedure and DENY as moot Plaintiff’s Application to Proceed Without Prepayment of Fees and Costs, [ECF No. 1]. Neither party timely 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 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).

Because the parties have not filed objections in this case, the court adopts and incorporates herein the PF&R and orders judgment consistent therewith. The court DISMISSES this matter without prejudice and DENIES as moot Plaintiff's Application to Proceed Without Prepayment of Fees and Costs, [ECF No. 1].

The court DIRECTS the Clerk to send a copy of this Memorandum Opinion and Order to counsel of record and any unrepresented party.

ENTER: June 2, 2026 G 6M pe STATES DISTRICT JUDGE