MacKey v. Maruka et al, No. 1:2021cv00092 - Document 29 (S.D.W. Va. 2021)
Court Description: MEMORANDUM OPINION AND ORDER adopting the 28 Proposed Findings and Recommendation by Magistrate Judge; granting the United States' 22 Motion to Reconsider Filing Status as In Forma Pauperis; revoking plaintiff's IFP status; directing th e Clerk to return plaintiff's initial partial payment of the filing fee; dismissing plaintiff's 2 Complaint without prejudice; and directing the Clerk to remove this case from the court's active docket. Signed by Senior Judge David A. Faber on 9/9/2021. (cc: plaintiff, pro se; counsel of record) (arb)
Download PDF
<![CDATA[
MacKey v. Maruka et al Doc. 29 Case 1:21-cv-00092 Document 29 Filed 09/09/21 Page 1 of 2 PageID #: 178 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA AT BLUEFIELD EVARISTUS MACKEY, Plaintiff, v. CIVIL ACTION NO. 1:21-00092 C. MARUKA, 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 August 10, 2021, in which he recommended that the district court grant the United States’ “Motion to Reconsider Filing Status as In Forma Pauperis,” revoke plaintiff’s IFP status, direct the Clerk to return plaintiff’s initial partial payment of the filing fee, dismiss plaintiff’s complaint without prejudice pursuant to 28 U.S.C. § 1915(g), 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 Dockets.Justia.com Case 1:21-cv-00092 Document 29 Filed 09/09/21 Page 2 of 2 PageID #: 179 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 Magistrate Judge Aboulhosn, the court adopts the findings and recommendations contained therein. Accordingly, the court hereby GRANTS the United States’ “Motion to Reconsider Filing Status as In Forma Pauperis,” REVOKES plaintiff’s IFP status, DIRECTS the Clerk to return plaintiff’s initial partial payment of the filing fee, DISMISSES plaintiff’s complaint without prejudice pursuant to 28 U.S.C. § 1915(g), 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 9th day of September, 2021. 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.
