Harper v. Warden, No. 1:2020cv00504 - Document 8 (S.D.W. Va. 2021)

Court Description: MEMORANDUM OPINION AND ORDER adopting the 7 Proposed Findings and Recommendation by Magistrate Judge Tinsley. The Court DISMISSES this matter for failure to prosecute and directs that 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) (mk)
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Harper v. Warden Doc. 8 Case 1:20-cv-00504 Document 8 Filed 02/17/21 Page 1 of 2 PageID #: 40 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA AT BLUEFIELD JACKIE SABASTIAN HARPER, Plaintiff, v. CIVIL ACTION NO. 1:20-00504 WARDEN, FCI MCDOWELL, Defendant. MEMORANDUM OPINION AND ORDER By Standing Order, this action was referred to United States Magistrate Judge Dwane L. Tinsley for submission of findings and recommendation regarding disposition pursuant to 28 U.S.C.A. § 636(b)(1)(B). Magistrate Judge Tinsley submitted to the court his Findings and Recommendation on October 27, 2020, in which he recommended that the district court dismiss plaintiff’s case for failure to prosecute. 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 Tinsley’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 Case 1:20-cv-00504 Document 8 Filed 02/17/21 Page 2 of 2 PageID #: 41 Magistrate Judge Tinsley, the court adopts the findings and recommendations contained therein. Accordingly, the court hereby DISMISSES this matter for failure to prosecute 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