Quantel Saunders v. SIS LT Denney et al.

Summary

The United States District Court for the Southern District of West Virginia adopts a magistrate judge’s proposed findings and recommendation in Quantel Saunders’s Bivens action. The court denies Saunders’s application to proceed without prepayment of fees and costs, dismisses the complaint, and dismisses the matter because no timely objections were filed.

Holdings

1. The district court was not required to conduct de novo or other review of the magistrate judge's factual or legal conclusions because Saunders filed no timely objections.
2. Failure to file timely objections to the PF&R constitutes a waiver of de novo review and the right to appeal the district court's order on the recommended matters.
3. The court adopted the PF&R, denied Saunders's application to proceed without prepayment of fees and costs, dismissed the complaint, and dismissed the matter.

Questions Presented

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

Disposition

dismissed