Lawson v. FCI McDowell, No. 1:2019cv00001 - 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, DISMISSES plaintiff's 1 complaint for failure to exhaust and directs the Clerk to remove this case from the court's active docket. Signed by Senior Judge David A. Faber on 6/25/2019. (cc: plaintiff, pro se and counsel of record) (arb)

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Lawson v. FCI McDowell Doc. 6 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA AT BLUEFIELD DUSTIN C. LAWSON, Plaintiff, v. CIVIL ACTION NO. 1:19-00001 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.A. § 636(b)(1)(B). Magistrate Judge Aboulhosn submitted to the court his Findings and Recommendation on May 7, 2019, in which he recommended that the district court dismiss plaintiff’s Bivens action for failure to exhaust his administrative remedies. 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 period. Having reviewed the Findings and Recommendation filed by Dockets.Justia.com Magistrate Judge Aboulhosn, the court adopts the findings and recommendations contained therein. Accordingly, the court hereby DISMISSES plaintiff’s complaint for failure to exhaust 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 25th day of June, 2019. ENTER: David A. Faber Senior United States District Judge 2

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