Friend v. Circuit Court of McDowell County, W.V. et al, No. 1:2022cv00301 - Document 13 (S.D.W. Va. 2023)
Court Description: MEMORANDUM OPINION AND ORDER adopting the 7 Proposed Finding and Recommendations by Magistrate Judge; denying 5 APPLICATION by John David Friend to Proceed Without Prepayment of Fees and Costs; dismissing plaintiff's 1 complaint; and directing the Clerk to remove this case from the court's active docket. Signed by Senior Judge David A. Faber on 4/12/2023. (cc: plaintiff; counsel of record) (mk)
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Friend v. Circuit Court of McDowell County, W.V. et al Doc. 13 Case 1:22-cv-00301 Document 13 Filed 04/12/23 Page 1 of 2 PageID #: 56 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA AT BLUEFIELD JOHN DAVID FRIEND, Plaintiff, v. CIVIL ACTION NO. 1:22-00301 CIRCUIT COURT OF MCDOWELL COUNTY, W.V., 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 August 22, 2022, in which he recommended that the district court deny plaintiff’s application to proceed without prepayment of fees or costs, dismiss plaintiff’s complaint, 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 1:22-cv-00301 Document 13 Filed 04/12/23 Page 2 of 2 PageID #: 57 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 application to proceed without prepayment of fees or costs, DISMISSES plaintiff’s complaint, 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 12th day of April, 2023. ENTER: David A. Faber Senior United States District Judge 2
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