Shrader v. Berlin et al, No. 2:2011cv00784 - Document 6 (S.D.W. Va. 2012)

Court Description: MEMORANDUM OPINION AND ORDER adopting the 5 Proposed Findings and Recommendation; the court dismisses the 2 Complaint and denies plaintiff's 1 Application to Proceed without Prepayment of Fees or Costs. Signed by Judge Joseph R. Goodwin on 2/16/2012. (cc: attys; any unrepresented party) (lca)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA CHARLESTON DIVISION ERNEST D. SHRADER, Plaintiff, v. CIVIL ACTION NO. 2:11-cv-00784 CARL BERLIN, et al., Defendants. MEMORANDUM OPINION AND ORDER This action was referred to the Honorable Mary E. Stanley, United States Magistrate Judge, for submission to this court of proposed findings of fact and recommendation for disposition, pursuant to 28 U.S.C. § 636(b)(1)(B). The Magistrate Judge has submitted findings of fact and has recommended that the court DISMISS the complaint under 28 U.S.C. § 1915A(b)(1) and DENY the plaintiff s Application to Proceed without Prepayment of Fees and Costs. The plaintiff has not filed objections to the Magistrate Judge s findings and recommendation. A district court shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made. 28 U.S.C. § 636(b)(1)(C). This court is not, however, required to review, under a de novo or any other standard, the factual or legal conclusions of the magistrate judge as to those portions of the findings or recommendation to which no objections are addressed. Thomas v. Arn, 474 U.S. 140, 150 (1985). As the plaintiff has not filed objections in this case, the court adopts and incorporates herein the findings and recommendation of the Magistrate Judge and orders judgment consistent therewith. The court DISMISSES the complaint under 28 U.S.C. § 1915A(b)(1) and DENIES the plaintiff s Application to Proceed without Prepayment of Fees and Costs. The court DIRECTS the Clerk to send a copy of this Order to counsel of record and any unrepresented party. ENTER: February 16, 2012

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