Johnson v. United States of America, et al., No. 1:2010cv00703 - Document 16 (S.D.W. Va. 2013)

Court Description: MEMORANDUM OPINION AND ORDER: The Court ADOPTS the 14 Proposed Findings and Recommendation by Magistrate Judge VanDervort and DISMISSES plaintiff's 1 Complaint. The Clerk is directed to remove this case from the court's active docket. Signed by Judge David A. Faber on 8/7/2013. (cc: plaintiff, pro se and counsel of record) (mjp)

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Johnson v. United States of America, et al. Doc. 16 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA AT BLUEFIELD ROIANN JOHNSON, Plaintiff, v. CIVIL ACTION NO. 1:10-00703 UNITED STATES OF AMERICA, et al., Defendants. MEMORANDUM OPINION AND ORDER By Standing Order, on May 3, 2010, 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. § 636(b)(1)(B). Doc. No. 5. Magistrate Judge VanDervort submitted to the court his Proposed Findings and Recommendation (PF&R) on July 15, 2013, in which he recommended that the District Court dismiss plaintiff s complaint (Doc. No. 1) and remove this matter from the court s docket. See Doc. No. 14. In accordance with 28 U.S.C. § 636(b), the parties were allotted fourteen days, plus three mailing days, within which to file any objections to Magistrate Judge VanDervort s PF&R. 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. Snyder v. Ridenour, 889 F.2d 1363 (4th Cir. 1989). Dockets.Justia.com The parties failed to file any objections to Magistrate Judge VanDervort s PF&R within the seventeen-day period. Having reviewed the PF&R, the court adopts the findings and recommendations therein. Accordingly, the court DISMISSES plaintiff s complaint (Doc. No. 1). The Clerk is directed to forward a copy of this Memorandum Opinion and Order to plaintiff, pro se, and counsel of record. The Clerk is further directed to remove this case from the court s active docket. IT IS SO ORDERED this 7th day of August, 2013. ENTER: David A. Faber Senior United States District Judge 2

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