Lewis v. Federal Bureau of Prisons et al, No. 1:2020cv00062 - Document 14 (S.D.W. Va. 2022)
Court Description: MEMORANDUM OPINION AND ORDER denying as moot plaintiff's second 13 Motion for an Extension of Time; adopting the 10 Proposed Findings and Recommendation by Magistrate Judge; denying plaintiff's 4 Motion to Proceed Without Prepayment of Fees and Costs; dismissing plaintiff's 1 , 5 and 7 Complaints; and directing the Clerk to remove this case from the court's active docket. Signed by Senior Judge David A. Faber on 2/14/2022. (cc: plaintiff; counsel of record) (arb)
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Lewis v. Federal Bureau of Prisons et al Doc. 14 Case 1:20-cv-00062 Document 14 Filed 02/14/22 Page 1 of 2 PageID #: 61 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA AT BLUEFIELD TONIA L. LEWIS, Plaintiff, v. CIVIL ACTION NO. 1:20-00062 FEDERAL BUREAU OF PRISONS, 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 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 January 11, 2021, in which he recommended that the district court deny plaintiff’s motion to proceed without prepayment of fees and costs, 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). Dockets.Justia.com Case 1:20-cv-00062 Document 14 Filed 02/14/22 Page 2 of 2 PageID #: 62 The parties failed to file any objections to the Magistrate Judge's Findings and Recommendation within the required time 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 DENIES plaintiff’s motion to proceed without prepayment of fees and costs, DISMISSES plaintiff’s complaints, 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 and counsel of record. IT IS SO ORDERED this 14th day of February, 2022. ENTER: David A. Faber Senior United States District Judge * Objections were due on or before January 25, 2021. Lewis received one 60-day extension of the deadline for filing objections. See ECF No. 12. Instead of filing objections, she filed a motion for an additional extension of time, until April 15, 2021, to file her objections. See ECF No. 13. More than 10 months later, no objections have been filed. The second motion for an extension of time is DENIED as moot. 2
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