Williams v. Nelson, No. 1:2009cv00697 - Document 42 (S.D.W. Va. 2012)

Court Description: MEMORANDUM OPINION AND ORDER: The court ADOPTS the 36 Proposed Findings and Recommendation by Magistrate Judge VanDervort; GRANTS the United States' 20 MOTION to Dismiss Defendants Warden Amber Nelson, Neal Rehberg, D.O., Dana Renick, PA-C, Alice Lowe and James Allen Blankenship and Substitute the United States; GRANTS the United States' 23 MOTION to Dismiss for Failure to State a Claim; GRANTS the United States' 29 MOTION to Dismiss James Blankenship and/or for Summary Ju dgment; GRANTS Defendants Nelson, Lowe, Rehberg and Renick's 31 MOTION to Dismiss and/or for Summary Judgment; DISMISSES Plaintiff's 1 Complaint and DIRECTS the Clerk to remove this matter from the court's docket. Signed by Senior Judge David A. Faber on 8/28/2012. (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 ALICE A. WILLIAMS, Plaintiff, v. CIVIL ACTION NO. 1:09-0697 AMBER L. NELSON, 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. § 636(b)(1)(B). Magistrate Judge VanDervort submitted to the court his Findings and Recommendation on June 6, 2012, in which he recommended that the district court grant the United States Motion to Dismiss Defendants Warden Amber Nelson, Neal Rehberg, D.O., Dana Renick, PA-C, Alice Lowe and James Allen Blankenship and Substitute the United States (Doc. No. 20); grant the United States Motion to Dismiss for Failure to State a Claim (Doc. No. 23); grant the United States Motion to Dismiss James Blankenship and/or for Summary Judgment (Doc. No. 29); grant Defendants Nelson, Lowe, Rehberg, and Renick s Motion to Dismiss and/or for Summary Judgment (Doc. No. 31); dismiss plaintiff s complaint; 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. As well, plaintiff was granted two further extensions of time to file her objections, until August 20, 2012. 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 requisite time period. Having reviewed the Findings and Recommendation filed by Magistrate Judge VanDervort, the court adopts the findings and recommendations contained therein. 1. Accordingly, the court hereby: GRANTS the United States Motion to Dismiss Defendants Warden Amber Nelson, Neal Rehberg, D.O., Dana Renick, PA-C, Alice Lowe and James Allen Blankenship and Substitute the United States (Doc. No. 20); 2. GRANTS the United States Motion to Dismiss for Failure to State a Claim (Doc. No. 23); 3. GRANTS the United States Motion to Dismiss James Blankenship and/or for Summary Judgment (Doc. No. 29); 2 4. GRANTS Defendants Nelson, Lowe, Rehberg, and Renick s Motion to Dismiss and/or for Summary Judgment (Doc. No. 31); 5. DISMISSES plaintiff s complaint; and 6. DIRECTS the Clerk to remove this matter from the court s docket. The Clerk is further 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 28th day of August, 2012. ENTER: David A. Faber Senior United States District Judge 3

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