Brian Lee Corbett v. James Sands, et al.

Summary

The United States District Court for the Southern District of West Virginia adopted the magistrate judge’s Proposed Findings and Recommendation without objection. The court denied Brian Lee Corbett’s application to proceed without prepayment of fees and costs, dismissed the complaints, and removed the action from the docket.

Holdings

1. A party's failure to file timely objections waives de novo review and the party's right to appeal the district court's order; the district court is not required to review unobjected-to factual or legal conclusions under de novo or any other standard.
2. The court adopted the magistrate judge's Proposed Findings and Recommendation, denied the application to proceed without prepayment of fees and costs, dismissed the complaints, and removed the matter from the docket.

Questions Presented

1. Whether the district court was required to conduct de novo review of the magistrate judge's Proposed Findings and Recommendation when no timely objections were filed.
2. Whether the court should adopt the magistrate judge's recommendation, deny the application to proceed without prepayment of fees and costs, dismiss the complaints, and remove the matter from the docket.

Disposition

dismissed