Kaufman v. United States of America, No. 1:2012cv00237 - Document 129 (S.D.W. Va. 2014)

Court Description: MEMORANDUM OPINION AND ORDER: the court ADOPTS the 112 Proposed Findings and Recommendation by Magistrate Judge VanDervort; DENIES 93 and 96 Motions for Leave to Amend filed by Jean Elizabeth Kaufman, and DENIES 67 Motion to Dismiss filed by United States of America. Signed by Judge David A. Faber on 6/6/2014. (cc: plaintiff, pro se and counsel of record) (mjp)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA AT BLUEFIELD JEAN ELIZABETH KAUFMAN, Plaintiff, v. CIVIL CASE NO. 1:12-0237 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. § 636(b)(1)(B). Magistrate Judge VanDervort submitted his Proposed Findings and Recommendation ( PF&R ) regarding the United States motion to dismiss (Doc. No. 67) and plaintiff s motion for leave to amend (Doc. Nos. 93 and 96) to the court on May 14, 2014. Judge VanDervort recommended that the district court deny the United States motion to dismiss (Doc. No. 67) and deny plaintiff s motion for leave to amend (Doc. Nos. 93 and 96). In accordance with the provisions of 28 U.S.C. § 636(b), the parties were allotted fourteen days, plus three mailing days, in which to file any objections to Magistrate Judge VanDervort s PF&R. The failure of any party to file such 1 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). The parties failed to file any objections to the Magistrate Judge s PF&R within the seventeen-day period. Having reviewed the PF&R filed by Magistrate Judge VanDervort, the court adopts the findings and recommendation contained therein. Accordingly, the court adopts the factual and legal analysis contained within the PF&R, DENIES the United States motion to dismiss (Doc. No. 67), and DENIES plaintiff s motion for leave to amend (Doc. Nos. 93 and 96). 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 6th day of June, 2014. ENTER: David A. Faber Senior United States District Judge 2

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