Smith v. Justice Highwall Mining et al, No. 1:2009cv00984 - Document 5 (S.D.W. Va. 2012)

Court Description: MEMORANDUM OPINION AND ORDER: The Court ADOPTS the 4 Proposed Findings and Recommendation entered by Magistrate Judge VanDervort. The Court DENIES plaintiff's 1 application to proceed without prepayment of fees; DISMISSES plaintiff's 2 Complaint and DIRECTS the Clerk to remove this matter from the court's active docket. Signed by Judge David A. Faber on 5/22/2012. (cc: Plaintiff, pro se and counsel of record) (mjp)
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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA AT BLUEFIELD WILLIAM C. SMITH, Plaintiff, v. CIVIL ACTION NO. 1:09-00984 JUSTICE HIGHWALL MINING, 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 18, 2012, in which he recommended that the District Court deny plaintiff s application to proceed without prepayment of fees, dismiss plaintiff s complaint, and remove this matter from the court s docket. 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. Cir. 1989). Snyder v. Ridenour, 889 F.2d 1363 (4th 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 plaintiff s application to proceed without prepayment of fees; 2. DISMISSES plaintiff s complaint; and 3. DIRECTS the Clerk to remove this matter from the court s active docket. 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 22nd day of May, 2012. ENTER: David A. Faber Senior United States District Judge 2