Canty v. FCI McDowell, No. 1:2018cv01269 - Document 5 (S.D.W. Va. 2021)

Court Description: MEMORANDUM OPINION AND ORDER adopting the 4 Proposed Findings and Recommendation by Magistrate Judge; dismissing without prejudice plaintiff's 1 Letter-Form Complaint and removing this action from the court's docket. Signed by Senior Judge David A. Faber on 6/14/2021. (cc: counsel of record; any unrepresented parties) (arb)

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Canty v. FCI McDowell Doc. 5 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA AT BLUEFIELD ANTHONY CANTY, Plaintiff, v. CIVIL ACTION NO. 1:18-01269 FCI MCDOWELL, 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 recommendation regarding disposition pursuant to 28 U.S.C. § 636(b)(1)(B). Magistrate Judge Aboulhosn submitted to the court his Proposed Findings and Recommendation (“PF&R”) on March 24, 2020, in which he recommended that the court dismiss this action without prejudice. (ECF No. 4.) In accordance with the provisions of 28 U.S.C. § 636(b), the parties were allotted fourteen days and three mailing days in which to file objections to the PF&R. The failure of any party to file such objections within the time allowed 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). Dockets.Justia.com Neither party filed any objections to the PF&R within the required time period. Accordingly, the court adopts the PF&R as follows: 1. Plaintiff’s letter-form complaint (ECF No. 1) is DISMISSED without prejudice; and 2. This action is removed from the court’s docket. The Clerk is directed to send a copy of this Memorandum Opinion and Order to counsel of record and any unrepresented parties. IT IS SO ORDERED this 14th day of June, 2021. ENTER: David A. Faber Senior United States District Judge 2

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