Hamlet v. State of W.V. Attorney General et al, No. 1:2008cv01194 - Document 9 (S.D.W. Va. 2012)

Court Description: MEMORANDUM OPINION AND ORDER ADOPTING the 7 PROPOSED FINDINGS AND RECOMMENDATION by Magistrate Judge VanDervort; DISMISSING Plaintiff's 1 Complaint without prejudice and DIRECTING the Clerk to remove this matter from the Court's docket. Signed by Senior Judge David A. Faber on 1/17/2012. (cc: Plaintiff, Pro Se and counsel of record) (arb) Modified on 1/17/2012 to add language "without prejudice" as to dismissal of Complaint (mjp).
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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA AT BLUEFIELD BRIAN LEON HAMLET, Plaintiff, v. CIVIL ACTION NO. 1:08-1194 STATE OF WEST VIRGINIA, 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. § 636(b)(1)(B). Magistrate Judge VanDervort submitted to the court his Findings and Recommendation on December 16, 2011, in which he recommended that the District Court dismiss this case without prejudice for failure to prosecute and remove this matter from the court's docket. In accordance with the provisions of 28 U.S.C. § 636(b), the parties were allotted fourteen 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. Snyder v. Ridenour, 889 F.2d 1363 (4th Cir. 1989). The parties failed to file any objections to the Magistrate Judge's Findings and Recommendation within the time period for doing so. Having reviewed the Findings and Recommendation filed by Magistrate Judge VanDervort, the court adopts the findings and recommendations contained therein. Accordingly, the court DISMISSES plaintiff's complaint for relief under 42 U.S.C. § 1983 without prejudice, and DIRECTS the Clerk to remove this matter from the court's docket. The Clerk is further directed to forward a copy of this Memorandum Opinion and Order to plaintiff, pro se, and counsel of record. IT IS SO ORDERED this 17th day of January, 2012. ENTER: David A. Faber Senior United States District Judge 2