Lott v. Drain

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA CHARLESTON DIVISION JOHNATHAN LOTT, Plaintiff, v. CIVIL ACTION NO. 2:25-cv-00413 BRITTANY DRAIN, et al, Defendants. MEMORANDUM OPINION AND ORDER On July 3, 2025, the Plaintiff, proceeding pro se, filed an Application to Proceed Without Prepayment of Fees and Costs (Document 1), a Complaint for Violation of Civil Rights (Document 2), and an Emergency Motion for Injunctive Relief (Document 3). By Administrative Order (Document 4) entered on July 7, 2025, the matter was referred to the Honorable Omar J. Aboulhosn, United States Magistrate Judge, for submission to this Court of proposed findings of fact and recommendation for disposition, pursuant to 28 U.S.C. § 636. On July 15, 2025, the Magistrate Judge submitted a Proposed Findings and Recommendation (Document 5) wherein it is recommended that this Court deny the Plaintiff’s Application to Proceed Without Prepayment of Fees and Costs (Document 1), dismiss the Plaintiff’s Complaint, and remove this matter from the Court’s docket. Additionally, by separate Order (Document 6) entered on July 15, 2025, the Magistrate Judge ordered that the Plaintiff’s 1 Emergency Motion for Injunctive Relief (Document 3) be denied as moot. Objections to the Magistrate Judge’s Proposed Findings and Recommendation were due by August 1, 2025. Neither party has timely filed objections to the Magistrate Judge’s Proposed Findings and Recommendation. The Court is not 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). Failure to file timely objections constitutes a waiver of de novo review and a party’s right to appeal this Court’s Order. 28 U.S.C. § 636(b)(1); see also Snyder v. Ridenour, 889 F.2d 1363, 1366 (4th Cir. 1989); United States v. Schronce, 727 F.2d 91, 94 (4th Cir. 1984). Accordingly, the Court ADOPTS and incorporates herein the findings and recommendation of the Magistrate Judge as contained in the Proposed Findings and Recommendation, and ORDERS that the Plaintiff's Application to Proceed Without Prepayment of Fees and Costs (Document 1) be DENIED, the Plaintiff's Complaint be DISMISSED, and this matter be REMOVED from the Court’s docket. The Court DIRECTS the Clerk to send a certified copy of this Order to Magistrate Judge Aboulhosn, counsel of record, and any unrepresented party. ENTER: August 12, 2025 Dire. Benger’ UNITED STATES DISTRICT JUDGE SOUTHERN DISTRICT OF WEST VIRGINIA