Wilfong v. West Virginia Department of Corrections, et al., No. 1:2014cv21127 - Document 8 (S.D.W. Va. 2016)
Court Description: MEMORANDUM OPINION AND ORDER: The court ADOPTS the 7 Proposed Findings and Recommendation by Magistrate Judge Omar J. Aboulhosn, DISMISSES plaintiff's 1 letter-form Complaint, and directs the Clerk to remove this case from the court's active docket. Signed by Senior Judge David A. Faber on 10/3/2016. (cc: plaintiff and counsel of record) (arb)
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Wilfong v. West Virginia Department of Corrections, et al. Doc. 8 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA AT BLUEFIELD ROBERT WILFONG, Plaintiff, v. CIVIL ACTION NO. 1:14-21127 WEST VIRGINIA DEPARTMENT OF CORRECTIONS, et al., Defendants. 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 August 12, 2016, in which he recommended that the District Court dismiss plaintiff’s letter-form Complaint under Rule 41(b) of the Federal Rules of Civil Procedure and Rule 41.1 of the Local Rules of Civil Procedure for the Southern District of West Virginia 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 DISMISSES plaintiff’s letter-form Complaint under Rule 41(b) of the Federal Rules of Civil Procedure and Rule 41.1 of the Local Rules of Civil Procedure for the Southern District of West Virginia and directs the Clerk to remove this case 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 3rd day of October, 2016. ENTER: David A. Faber Senior United States District Judge 2
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