Griffin v. Rubenstein et al, No. 1:2006cv00327 - Document 31 (S.D.W. Va. 2009)

Court Description: MEMORANDUM OPINION AND ORDER ADOPTING 30 the PROPOSED FINDINGS AND RECOMMENDATION of Magistrate Judge R. Clarke VanDervort; GRANTING 24 Defendants' Motion to Dismiss; DISMISSING Plaintiff's Complaint and DIRECTING the Clerk to remove this case from the Court's active docket. Signed by Senior Judge David A. Faber on 8/11/2009. (cc: Plaintiff, Pro Se and counsel of record) (arb)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA AT BLUEFIELD LOVELL GRIFFIN, Plaintiff, v. CIVIL ACTION NO. 1:06-0327 JIM RUBENSTEIN, Commissioner, et al., Defendants. MEMORANDUM OPINION AND ORDER By Standing Order, this action was referred to United States Magistrate Judge R. Clarke VanDervort for submission of findings and recommendations regarding disposition pursuant to 28 U.S.C.A. § 636(b)(1)(B). Magistrate Judge VanDervort submitted to the court his Findings and Recommendation on June 25, 2009, in which he recommended that the district court grant defendants' motions to dismiss, dismiss plaintiff's complaint, and remove this matter from the court's docket. In accordance with the provisions of 28 U.S.C.A. § 636(b), the parties were allotted ten days, plus three mailing days, in which to file any objections to Magistrate Judge VanDervort s Findings and Recommendation. The failure of any party to file such objections constitutes a waiver of such party's right to a de novo review by this court. Cir. 1989). time. Snyder v. Ridenour, 889 F.2d 1363 (4th Neither party filed objections within the requisite Having reviewed the Findings and Recommendation filed by Magistrate Judge VanDervort, the court adopts the findings and recommendations contained therein. Accordingly, the court hereby GRANTS defendants' motions to dismiss, DISMISSES plaintiff's complaint, and DIRECTS the Clerk to remove this case from the court's active docket. The Clerk is directed to forward a copy of this Memorandum Opinion and Order to plaintiff, pro se, and counsel of record. IT IS SO ORDERED this 11th day of August, 2009. ENTER: David A. Faber Senior United States District Judge 2

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