Ross Matthew Cataffo v. Jackson County Police Department, et al.

Summary

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

Holdings

1. When no timely objections are filed, the district court is not required to review the magistrate judge's factual or legal conclusions under de novo or any other standard, and failure to object waives de novo review and the right to appeal the resulting order.
2. The court adopted the magistrate judge's recommendation, denied the plaintiff's application to proceed without prepayment of fees and costs, dismissed the complaint and amended complaint, and removed the matter from the docket.

Questions Presented

1. Whether the district court was required to conduct de novo or any other 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 complaint and amended complaint, and remove the matter from the docket.

Disposition

dismissed