Williams v. Harmon et al, No. 5:2010cv01135 - Document 8 (S.D.W. Va. 2013)
Court Description: MEMORANDUM OPINION AND ORDER: The Court ADOPTS the 7 Proposed Findings and Recommendation by Magistrate Judge, and ORDERS that the Plaintiff's 1 and 4 Complaints be DISMISSED and that this matter be REMOVED from the Court's docket. Signed by Judge Irene C. Berger on 7/16/2013. (cc: Magistrate Judge VanDervort; attys; any unrepresented party) (slr)
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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA BECKLEY DIVISION ANTHONY WILLIAMS, Plaintiff, v. CIVIL ACTION NO. 5:10-cv-01135 D. J. HARMON and MR. PAINTER, Defendants. MEMORANDUM OPINION AND ORDER The Court has reviewed the Plaintiff=s Complaints1 (Documents 1 & 4) filed in this matter. By Standing Order (Document 2) entered on September 22, 2010, this action was referred to the Honorable R. Clarke VanDervort, 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. On June 28, 2013, the Magistrate Judge submitted a Proposed Findings and Recommendation (Document 7) wherein it is recommended that this Court dismiss the Plaintiff s Complaints (Documents 1 & 4), and remove this matter from the Court s docket. Objections to the Magistrate Judge=s Proposed Findings and Recommendation were due by July 15, 2013. Neither party has timely filed objections to the Magistrate Judge=s Proposed Findings and Recommendation. The Court is not required to review, under a de novo or any other standard, the 1 Document 1 was titled Petition Pursuant to 28 U.S.C. Section 1331 by the Plaintiff, and Document 4 was titled Summary by the Plaintiff. 1 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). Failure to file timely objections constitutes a waiver of de novo review and the Petitioner=s right to appeal this Court=s Order. 28 U.S.C. ' 636(b)(1); see also Snyder v. Ridenour, 889 F.2d 1363, 1366 (4th Cir. 1989); United States v. Schronce, 727 F.2d 91, 94 (4th Cir. 1984). Accordingly, the Court ADOPTS and incorporates herein the findings and recommendation of the Magistrate Judge as contained in the Proposed Findings and Recommendation, and ORDERS that the Plaintiff s Complaints (Documents 1 & 4) be DISMISSED and that this matter be REMOVED from the Court s docket. The Court DIRECTS the Clerk to send a certified copy of this Order to Magistrate Judge VanDervort, to the pro-se Plaintiff, and to counsel of record. ENTER: 2 July 16, 2013
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