Cooper et al v. Wellman et al, No. 2:2009cv00489 - Document 31 (S.D.W. Va. 2010)
Court Description: MEMORANDUM OPINION AND ORDER ADOPTING the 30 Proposed Findings and Recommendation, and DISMISSES this action without prejudice. Signed by Judge Joseph R. Goodwin on 1/28/2010. (cc: Magistrate Judge Stanley; attys; any unrepresented party) (taq)
Download PDF
<![CDATA[
IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA CHARLESTON DIVISION ROGER COOPER, II, et al., Plaintiffs, v. CIVIL ACTION NO. 2:09-cv-00489 TROOPER WELLMAN, et al., Defendants. MEMORANDUM OPINION AND ORDER This case was referred to the Honorable Mary E. Stanley, United States Magistrate Judge. On December 23, 2009, Judge Stanley entered Proposed Findings and Recommendation ( PF&R ) that this case be dismissed without prejudice for failure to prosecute. The plaintiffs had until January 8, 2010, to file objections to the PF&R. No objections were filed. The failure to object to a magistrate judge s report may be deemed a waiver on appeal of the substance of the report, and the court need only satisfy itself that there is no clear error on the face of the record in order to accept the recommendation. See Camby v. Davis, 718 F.2d 198, 200 (4th Cir. 1983). Accordingly, the court adopts the PF&R and DISMISSES this action without prejudice. This dismissal shall not operate as an adjudication on the merits. The court DIRECTS the Clerk to send a copy of this Order to Judge Stanley, counsel of record, and any unrepresented party. ENTER: January 28, 2010
]]>
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.
