Dobbins v. McDowell County Correctional Center, No. 1:2013cv31843 - Document 16 (S.D.W. Va. 2016)

Court Description: MEMORANDUM OPINION AND ORDER: The court ADOPTS the 14 Proposed Findings and Recommendation by Magistrate Judge Aboulhosn, DENIES Plaintiff's 8 APPLICATION to Proceed Without Prepayment of Fees and Costs, DISMISSES Plaintiff's 1 Complaint and 9 Amended Complaint, and DIRECTS the Clerk to remove this matter from the court's active docket. Signed by Senior Judge David A. Faber on 12/1/2016. (cc: Plaintiff and counsel of record) (arb)

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Dobbins v. McDowell County Correctional Center Doc. 16 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA AT BLUEFIELD JOSEPH DOBBINS, Plaintiff, v. CIVIL ACTION NO. 1:13-31843 MCDOWELL COUNTY CORRECTIONAL CENTER, Defendant. MEMORANDUM OPINION AND ORDER By Standing Order, this action was referred to United States Magistrate Judge Omar J. Aboulhosn for submission of findings and recommendations regarding disposition pursuant to 28 U.S.C. § 636(b)(1)(B). Magistrate Judge Aboulhosn submitted to the court his Findings and Recommendation (“PF&R”) on October 4, 2016, in which he recommended that the District Court deny Plaintiff’s Application to Proceed Without Prepayment of Fees and Costs (Doc. No. 8), dismiss Plaintiff’s Complaint and Amended Complaint (Doc. Nos. 1 and 9), 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 Aboulhosn’s Findings and Recommendation. The failure of any party to file such objections constitutes a waiver of such Dockets.Justia.com 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 seventeen-day period. Having reviewed the Findings and Recommendation filed by Magistrate Judge Aboulhosn, the court adopts the findings and recommendations contained therein. Accordingly, the court hereby DENIES Plaintiff’s Application to Proceed Without Prepayment of Fees and Costs (Doc. No. 8), DISMISSES Plaintiff’s Complaint and Amended Complaint (Doc. Nos. 1 and 9), and 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 and counsel of record. IT IS SO ORDERED this 1st day of December, 2016. ENTER: David A. Faber Senior United States District Judge

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