Padgett v. United States of America, No. 1:2006cv00724 - Document 359 (S.D.W. Va. 2009)
Court Description: MEMORANDUM OPINION AND ORDER adopting the 355 PROPOSED FINDINGS AND RECOMMENDATION of Magistrate Judge VanDervort. Court GRANTS plaintiff's 308 motion to dismiss, DISMISSES plaintiff's 300 Motion for Correction of Clerical Errors in the Judgment and DISMISSES this case and directs the Clerk to remove this action from the court's active docket. Signed by Judge David A. Faber on 6/19/2009. (cc: plaintiff, pro se & counsel of record) (mjp) Modified document number on 6/22/2009 (jkk).
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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA AT BLUEFIELD DARRELL L. PADGETT, Plaintiff, v. CIVIL ACTION NO. 1:06-0724 (Criminal No. 1:91-00166) UNITED STATES OF AMERICA, Defendant. 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 May 19, 2009, in which he recommended that the District Court grant plaintiff's motion to dismiss, dismiss plaintiff's "Motion for Correction of Clerical Errors in the Judgment," and remove this case from the court's active 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). Snyder v. Ridenour, 889 F.2d 1363 (4th The parties failed to file any objections to the Magistrate Judge's Findings and Recommendation within either thirteen-day period. 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 plaintiff s motion to dismiss, DISMISSES plaintiff's "Motion for Correction of Clerical Errors in the Judgment," DISMISSES this case, and directs the Clerk to remove it 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 19th day of June, 2009. ENTER: David A. Faber Senior United States District Judge 2
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