Lee v. Federal Emergency Management Agency, No. 1:2009cv00028 - Document 59 (S.D.W. Va. 2010)

Court Description: MEMORANDUM OPINION AND ORDER adopting 54 the Proposed Findings and Recommendation; denying 20 Plaintiffs' MOTION for Temporary Injunction; denying 24 Plaintiffs' MOTION for Emergency Injunctive Relief; denying 33 Plaintiffs' MO TION for Entry of Default and denying 46 Plaintiffs' MOTION for Temporary Restraining Order; granting 10 , 13 and 40 Defendants' MOTIONs to Dismiss and granting Plaintiffs leave to amend their pleadings, as outlined in the Proposed F indings and Recommendation, within 30 days of entry of this Memorandum Opinion and Order. If amended pleadings are not filed within 30 days, the Clerk is directed to DISMISS these consolidated actions without prejudice and remove the cases from the Court's docket. Signed by Senior Judge David A. Faber on 3/17/2010. (cc: Plaintiffs, 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 JAY H. LEE, et al., Plaintiffs, v. CIVIL ACTION NO. 1:09-0028 1:09-0210 FEDERAL EMERGENCY MANAGEMENT AGENCY, 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 February 26, 2010, in which he recommended that the District Court deny plaintiffs motion for temporary injunction, deny plaintiffs motion for emergency injunctive relief, deny plaintiffs motion for entry of default, deny plaintiffs motion for temporary restraining order, grant defendants motions to dismiss, dismiss these consolidated actions without prejudice, and allow plaintiffs leave to amend their pleadings within a specific amount of time to state factual allegations only with respect to and in support of their claim of FHA housing discrimination in conformity with Federal Rule of Civil Procedure 8(a)(2) if they can. In accordance with the provisions of 28 U.S.C.A. § 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 allotted time period. 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 plaintiffs motions for temporary injunction (doc. # 20), for emergency injunctive relief (doc. # 24), for entry of default (doc. # 33), and for temporary restraining order (doc. # 46); 2. GRANTS defendants motions to dismiss (docs. # 10, 13, and 40); and 3. GRANTS plaintiffs leave to amend their pleadings, as outlined in the Proposed Findings and Recommendation, within 30 days of entry of this Memorandum Opinion and Order. If amended pleadings are not filed within 2 thirty days, the Clerk is directed to DISMISS these consolidated actions without prejudice; and remove the cases from the court's docket. The Clerk is directed to forward a copy of this Memorandum Opinion and Order to plaintiffs, pro se, and counsel of record. IT IS SO ORDERED this 17th day of March, 2010. ENTER: David A. Faber Senior United States District Judge 3

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