Bell v. U. S. Department of Justice et al, No. 5:2011cv00560 - Document 10 (S.D.W. Va. 2013)
Court Description: MEMORANDUM OPINION AND ORDER: The Court ADOPTS the 8 Proposed Findings and Recommendation by Magistrate Judge, and ORDERS that the Plaintiff's 2 Application to Proceed Without Prepayment of Fees and Affidavit be DENIED, the Plaintiff's 1 Complaint be DISMISSED, and this matter REMOVED from the Court's docket. Signed by Judge Irene C. Berger on 9/17/2013. (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 FRANK E. BELL, Plaintiff, v. CIVIL ACTION NO. 5:11-cv-00560 U.S. DEPARTMENT OF JUSTICE and FEDERAL BUREAU OF PRISONS, Defendants. MEMORANDUM OPINION AND ORDER The Court has reviewed the Plaintiff=s Complaint for Violation of Civil Rights (Document 1) and Application to Proceed Without Prepayment of Fees and Affidavit (Document 2) filed on June 21, 2011, in the District of Columbia. On August 17, 2011, the District of Columbia transferred the matter to the Southern District of West Virginia. (Document 3). By Standing Order (Document 5) entered on August 17, 2011, 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 August 29, 2013, the Magistrate Judge submitted a Proposed Findings and Recommendation (Document 8) wherein it is recommended that this Court deny the Plaintiff s Application to Proceed Without Prepayment of Fees and Affidavit (Document 2), dismiss the Plaintiff=s Complaint (Document 1), and remove this matter from the Court s docket. Objections to the Magistrate Judge=s Proposed Findings and Recommendation were due by September 16, 2013. 1 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 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 Application to Proceed Without Prepayment of Fees and Affidavit (Document 2) be DENIED, the Plaintiff=s Complaint (Document 1) be DISMISSED, and 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, counsel of record, and any unrepresented party. ENTER: 2 September 17, 2013
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