Prokop v. Francis, No. 5:2014cv17385 - Document 7 (S.D.W. Va. 2014)
Court Description: MEMORANDUM OPINION AND ORDER: the Court Adopts and incorporated the findings and recommendation of the Magistrate Judge as contained in the 6 Proposed Findings and Recommendations and Orders that Plaintiff's 5 Motion to Dismiss be Granted, the Plaintiff's 1 Complaint be Dismissed without prejudice and this matter Removed from the Court's docket. Signed by Judge Irene C. Berger on 7/22/2014. (cc: attys; any unrepresented party) (cds)
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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA BECKLEY DIVISION ROBERT C. PROKOP, Plaintiff, v. CIVIL ACTION NO. 5:14-cv-17385 MICHAEL FRANCIS, Defendant. MEMORANDUM OPINION AND ORDER On June 2, 2014, the Plaintiff filed a pro-se Complaint (Document 1). Subsequently, on June 13, 2014, the Plaintiff filed a pro-se, letter-form Motion to Dismiss (Document 5). By Standing Order (Document 2) entered on June 2, 2014, 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 July 3, 2014, the Magistrate Judge submitted a Proposed Findings and Recommendation (Document 6) wherein it is recommended that this Court grant the Plaintiff s Motion to Dismiss (Document 5), dismiss the Plaintiff s Complaint (Document 1) without prejudice, and remove this matter from the Court s docket. Objections to the Magistrate Judge=s Proposed Findings and Recommendation were due by July 21, 2014. 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 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 a party 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 Motion to Dismiss (Document 5) be GRANTED, the Plaintiff s Complaint (Document 1) be DISMISSED without prejudice, 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 July 22, 2014
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