Rowe v. Ballard, No. 1:2007cv00283 - Document 22 (S.D.W. Va. 2009)

Court Description: MEMORANDUM OPINION AND ORDER ADOPTING 18 the Proposed Findings and Recommendation of Magistrate Judge R. Clarke VanDervort; DENYING 15 Motion for Partial Summary Judgment by David Allen Rowe; and REFERRING this matter back to Magistrate Judge R. Clarke VanDervort for further proceedings. Signed by Senior Judge David A. Faber on 6/8/2009. (cc: Plaintiff, Pro Se and counsel of record) (arb)
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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA AT BLUEFIELD DAVID ALLEN ROWE, Plaintiff, v. CIVIL ACTION NO. 1:07-0283 DAVID BALLARD, Warden, et al., Defendants. MEMORANDUM OPINION AND ORDER By Standing Order, this action was referred to United States Magistrate Judge R. Clarke VanDervort for submission of findings and recommendations regarding disposition pursuant to 28 U.S.C.A. § 636(b)(1)(B). Magistrate Judge VanDervort submitted to the court his Findings and Recommendation on April 20, 2009, in which he recommended that the district court 1) dismiss plaintiff's motion for summary judgment as premature; and 2) refer this matter back to him for further proceedings. In accordance with the provisions of 28 U.S.C.A. § 636(b), the parties were allotted ten days, plus three mailing days, in which to file any objections to Magistrate Judge VanDervort s Findings and Recommendation. The failure of any party to file such objections constitutes a waiver of such party's right to a de novo review by this court. Cir. 1989). time. Snyder v. Ridenour, 889 F.2d 1363 (4th Neither party filed objections within the requisite Having reviewed the Findings and Recommendation filed by Magistrate Judge VanDervort, the court adopts the findings and recommendations contained therein. Accordingly, the court hereby 1) DENIES plaintiff's motion for summary judgment; and 2) REFERS this matter back to Magistrate Judge VanDervort for further proceedings. The Clerk is directed to forward a copy of this Memorandum Opinion and Order to plaintiff, pro se, and counsel of record. IT IS SO ORDERED this 8th day of June, 2009. ENTER: David A. Faber Senior United States District Judge 2