Lee v. Warden, No. 1:2018cv01349 - Document 6 (S.D.W. Va. 2019)
Court Description: MEMORANDUM OPINION AND ORDER: The court ADOPTS the 5 Proposed Findings and Recommendation by Magistrate Judge Omar J. Aboulhosn; CONSTRUES plaintiff's 4 "Motion to Nunc Pro Tunc Judge's Order Initiating Civil Action After Construi ng Letter as Bivens Complaint" as a Motion for Voluntary Dismissal; GRANTS the Motion for Voluntary Dismissal; DISMISSES plaintiff's 1 Letter-Form Complaint without prejudice; and REMOVES this matter from the court's docket. Signed by Senior Judge David A. Faber on 8/29/2019. (cc: plaintiff and counsel of record) (arb)
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Lee v. Warden Doc. 6 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA AT BLUEFIELD MICHAEL LEE, Plaintiff, v. CIVIL ACTION NO. 1:18-cv-01349 WARDEN, 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 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 November 11, 2018 in which he recommended that the district court construe plaintiff’s “Motion to Nunc Pro Tunc Judge’s Order Initiating Civil Action After Construing Letter as Bivens Complaint” (ECF No. 4) as a Motion for Voluntary Dismissal and grant the Motion for Voluntary Dismissal, dismiss plaintiff’s letter-form complaint (ECF No. 1) without prejudice 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 Dockets.Justia.com 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 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 CONSTRUES plaintiff’s “Motion to Nunc Pro Tunc Judge’s Order Initiating Civil Action After Construing Letter as Bivens Complaint” (ECF No. 4) as a Motion for Voluntary Dismissal, GRANTS the Motion for Voluntary Dismissal, DISMISSES plaintiff’s letter-form complaint (ECF No. 1) without prejudice, and REMOVES this matter from the court’s 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 29th day of August, 2019. ENTER: David A. Faber Senior United States District Judge 2
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