McVay v. United States et al, No. 1:2020cv00064 - Document 28 (S.D.W. Va. 2021)

Court Description: MEMORANDUM OPINION AND ORDER adopting the 25 Proposed Findings and Recommendation by Magistrate Judge Omar J. Aboulhosn, dismissing plaintiff's 2 Complaint without prejudice, denying as moot defendants' 19 Motion to Dismiss, or in the Alternative, MOTION for Summary Judgment, and directing the Clerk to remove this case from the court's active docket. Signed by Senior Judge David A. Faber on 2/17/2021. (cc: plaintiff, pro se; counsel of record) (arb)
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McVay v. United States et al Doc. 28 Case 1:20-cv-00064 Document 28 Filed 02/17/21 Page 1 of 2 PageID #: 133 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA AT BLUEFIELD FRANKLIN TUCK MCVAY, Plaintiff, v. CIVIL ACTION NO. 1:20-00064 UNITED STATES, 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 December 15, 2020, in which he recommended that the district court dismiss plaintiff’s complaint without prejudice, deny as moot defendants’ motions to dismiss or, in the alternative, for summary judgment, 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). Dockets.Justia.com Case 1:20-cv-00064 Document 28 Filed 02/17/21 Page 2 of 2 PageID #: 134 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 Magistrate Judge Aboulhosn, the court adopts the findings and recommendations contained therein. Accordingly, the court hereby DISMISSES plaintiff’s complaint without prejudice, DENIES as moot defendants’ motions to dismiss or, in the alternative, for summary judgment, 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 17th day of February, 2021. ENTER: David A. Faber Senior United States District Judge 2