Weems-Bey v. FCI McDowell et al, No. 1:2018cv01538 - Document 65 (S.D.W. Va. 2021)

Court Description: MEMORANDUM OPINION AND ORDER The court ADOPTS the 62 Proposed Findings and Recommendation by Magistrate Judge; GRANTS plaintiff's 61 Motion to Dismiss Amended Complaint and Suit; DISMISSES plaintiff's 21 Amended Complaint without prejudice; and directs the Clerk to remove this case from the court's active docket. Signed by Senior Judge David A. Faber on 7/13/2021. (cc: plaintiff, pro se; counsel of record) (arb)

Download PDF
Weems-Bey v. FCI McDowell et al Doc. 65 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA AT BLUEFIELD ADRIAN WEEMS-BEY, Plaintiff, v. CIVIL ACTION NO. 1:18-01538 FCI MCDOWELL, 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 recommendation regarding disposition pursuant to 28 U.S.C.A. § 636(b)(1)(B). Magistrate Judge Aboulhosn submitted to the court his Findings and Recommendation on March 24, 2021, in which he recommended that the district court grant plaintiff’s “Motion to Dismiss Amended Complaint and Suit,” dismiss plaintiff’s Amended Complaint without prejudice, 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 Aboulhosn’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. 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 allotted time Dockets.Justia.com 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 GRANTS plaintiff’s “Motion to Dismiss Amended Complaint and Suit,” DISMISSES plaintiff’s amended complaint without prejudice, 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, pro se, and counsel of record. IT IS SO ORDERED this 13th day of July, 2021. ENTER: David A. Faber Senior United States District Judge 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.