Bell v. United States Department of the Treasury

Opinion

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

CHARLESTON DIVISION

JAYLEN-DALAINO BELL,

Plaintiff,

v. CIVIL ACTION NO. 2:25-cv-00132

UNITED STATES DEPARTMENT OF THE TREASURY, 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 March 20, 2025, Magistrate Judge Tinsley submitted his Proposed Findings & Recommendations, [ECF No. 8] (“PF&R”), and recommended that the court dismiss this civil action pursuant to 28 U.S.C. § 1915(e)(2), and Plaintiff’s application to proceed in forma pauperis, [ECF No. 1], be denied as moot. 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 pursuant to 28 U.S.C. § 1915(e)(2) this matter from the docket. Further, Plaintiffs application to proceed in forma pauperis [ECF No. 1] is DENIED as moot. The court DIRECTS the Clerk to send a copy of this Order to counsel of record and any unrepresented party. ENTER: March 31, 2025

ee STATES DISTRICT JUDGE