Stone v. Cushua, No. 1:2019cv00380 - Document 14 (S.D.W. Va. 2022)

Court Description: MEMORANDUM OPINION AND ORDER re: 1 , 7 Complaints and 13 MOTION by Robert W. Stone to Withdraw Civil Action; directing that this action is DISMISSED without prejudice; and further directing the Clerk to remove this action from the docket of the court. Signed by Senior Judge David A. Faber on 8/25/2022. (cc: counsel of record; any unrepresented party) (mk)

Download PDF
Stone v. Cushua Doc. 14 Case 1:19-cv-00380 Document 14 Filed 08/25/22 Page 1 of 2 PageID #: 85 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA AT BLUEFIELD ROBERT W. STONE, Plaintiff, v. CIVIL ACTION NO. 1:19-00380 PATRICIA K. CUSHUA, 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 March 4, 2022, in which he recommended that this court dismiss plaintiff’s complaints 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 party's right to a de novo review by this court. Snyder v. Ridenour, 889 F.2d 1363 (4th Cir. 1989). Instead of filing objections, on August 3, 2022, plaintiff filed a “Motion to Withdraw Civil Action No. 1:19:00380.” See ECF No. 13. The court deems this filing to be Dockets.Justia.com Case 1:19-cv-00380 Document 14 Filed 08/25/22 Page 2 of 2 PageID #: 86 a notice of dismissal pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i). That rule provides that a plaintiff may voluntarily dismiss an action without a court order by filing “a notice of dismissal before the opposing party serves either an answer or a motion for summary judgment[.]” not filed an answer or otherwise pled. Id. Defendant has Accordingly, although the aforementioned rule does not require a court order, this action is DISMISSED without prejudice and the Clerk is directed to remove this action from the docket of the court. The Clerk is directed to send copies of this Order to all counsel of record and any unrepresented party. IT IS SO ORDERED this 25th day of August, 2022. 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.