Andrew Potter v. FCI Beckley Medical Staff, Ms. Thompson, Ms. Crawford, Dr. Edwards, PA Lewis, Ms. Ballard, Warden of Beckley

Summary

The United States District Court for the Southern District of West Virginia adopted a magistrate judge’s proposed findings and recommendation in Andrew Potter’s Bivens action. The court denied Potter’s application to proceed without prepayment of fees and costs, dismissed the complaint without prejudice, and removed the matter from the docket after no objections were filed.

Holdings

1. When no timely objections are filed to a magistrate judge's proposed findings and recommendation, the district court need not conduct de novo review of the unobjected-to factual or legal conclusions, and the failure to object waives de novo review and the right to appeal those conclusions.
2. The court adopted the magistrate judge's PF&R, denied Potter's application to proceed without prepayment of fees or costs, and dismissed the complaint and action without prejudice.

Questions Presented

1. Whether the district court was required to conduct de novo review of the magistrate judge's PF&R when no objections were filed.
2. Whether the court should adopt the PF&R, deny Potter's application to proceed without prepayment of fees or costs, and dismiss the Bivens complaint without prejudice.

Disposition

dismissed