Stephens v. United States ( 2020 )

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF WEST VIRGINIA MARTINSBURG DEVON THOMAS STEPHENS, Plaintiff, v. CIVIL ACTION NO.: 3:19-CV-60 (GROH) UNITED STATES OF AMERICA, Defendant. ORDER ADOPTING REPORT AND RECOMMENDATION Now before the Court is a Report and Recommendation (“R&R”) filed by United States Magistrate Judge Robert W. Trumble. Pursuant to this Court’s Local Rules, this action was referred to Magistrate Judge Trumble for submission of a proposed R&R. Magistrate Judge Trumble issued his R&R [ECF No. 9] on September 28, 2020. Therein, Magistrate Judge Trumble recommends that the Plaintiff’s Federal Torts Claims Act complaint [ECF No. 1] be denied and dismissed without prejudice. ECF No. 9 at 4. Pursuant to 28 U.S.C. § 636(b)(1)(C), this Court must conduct a de novo review of the magistrate judge’s findings where objection is made. However, the Court is not required to review, under a de novo or any other standard, the factual or legal conclusions of the magistrate judge to which no objection is made. Thomas v. Arn, 474 U.S. 140, 150 (1985). Failure to file timely objections constitutes a waiver of de novo review and of a petitioner’s right to appeal this Court’s Order. 28.U.S.C. § 636(b)(1); Snyder v. Ridenour, 889 F.2d 1363, 1366 (4th Cir. 1989); United States v. Schronce, 727 F.2d 91, 94 (4th Cir. 1984). The Plaintiff's objections to Magistrate Judge Trumble’s R&R were due within fourteen plus three days of service. 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b). The R&R was mailed to the Plaintiff by certified mail on September 28, 2020, and USPS records show that the document was delivered on October 5, 2020. ECF No. 9. To date, no objections have been filed. Accordingly, this Court reviews the R&R for clear error. Upon careful review and thoughtful consideration, it is the opinion of this Court that Magistrate Judge Trumble’s R&R [ECF No. 9] should be, and is hereby, ORDERED ADOPTED for the reasons more fully stated therein. Therefore, the Plaintiff's Federal Torts Claims Act complaint [ECF No. 1] is DENIED and DISMISSED WITHOUT PREJUDICE. This matter is ORDERED STRICKEN from the Court’s active docket. The Clerk of Court is DIRECTED to mail a copy of this Order to the pro se Plaintiff by certified mail, return receipt requested, at his last known address as reflected on the docket sheet. DATED: December 21, 2020 CHIEF UNITED STATES DISTRICT JUDGE