Hall v. United States of America et al, No. 1:2013cv12532 - Document 7 (S.D.W. Va. 2013)

Court Description: MEMORANDUM OPINION AND ORDER: The Court ADOPTS the 6 PROPOSED FINDINGS AND RECOMMENDATION by Magistrate Judge Tinsley and DISMISSES this matter, without prejudice and DIRECTS the Clerk to remove this case from the court's docket. Signed by Judge David A. Faber on 11/13/2013. (cc: petitioner, pro se) (mjp)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA AT BLUEFIELD TORRELL HALL, Petitioner, v. Civil Action No: 1:13-12532 KAREN HOGSTEN, Warden Respondent. MEMORANDUM OPINION AND ORDER By Standing Order, this matter was referred to United States Magistrate Judge Dwane L. Tinsley for submission of findings and recommendations regarding disposition, pursuant to 28 U.S.C. § 636(b)(1)(B). Magistrate Judge Tinsley submitted to the court his Proposed Findings and Recommendation on October 22, 2013, in which he recommended that the district court dismiss this matter, without prejudice, for failure to prosecute pursuant to Rule 41(b) of the Federal Rules of Civil Procedure. (Doc. No. 6). In accordance with the provisions of 28 U.S.C. § 636(b), petitioner was allotted fourteen days, plus three mailing days, in which to file any objections to Magistrate Judge Tinsley s Findings and Recommendation. The failure to file such objections constitutes a waiver of the right to a de novo review 1    by this court. Snyder v. Ridenour, 889 F.2d 1363 (4th Cir. 1989). Petitioner failed to file any objections to the Magistrate Judge s Findings and Recommendation within the seventeen-day period. Having reviewed the Findings and Recommendation filed by Magistrate Judge Tinsley, the court adopts the findings and recommendation contained therein. The court hereby DISMISSES this matter, without prejudice and DIRECTS the Clerk to remove this case from the court s docket. The Clerk is further directed to forward a copy of this Memorandum Opinion and Order to petitioner, pro se. It is SO ORDERED this 13th day of November, 2013.               ENTER: David A. Faber Senior United States District Judge 2   

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