Dalton v. Stephens et al, No. 2:2009cv01332 - Document 5 (S.D.W. Va. 2010)
Court Description: MEMORANDUM OPINION AND ORDER denying plaintiff's 4 LETTER-FORM REQUEST for Extension of Time to File Objection to Proposed Findings and Recommendation; accepting and incorporating herein the 3 Findings and Recommendation of the Magistrate Judge; dismissing plaintiff's claims as legally frivolous. Signed by Judge Joseph R. Goodwin on 3/12/2010. (cc: Magistrate Judge Stanley, attys and any unrepresented party) (mkw)
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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA CHARLESTON DIVISION 1STARR DALTON, Plaintiff, v. CIVIL ACTION NO. 2:09-cv-01332 BOOKER T. STEPHENS, et al., Defendants. MEMORANDUM OPINION AND ORDER This action was referred to the Honorable Mary E. Stanley, United States Magistrate Judge, for submission to this court of proposed findings of fact and recommendation (PF&R) for disposition, pursuant to 28 U.S.C. ยง 636(b)(1)(B). The Magistrate Judge has submitted findings of fact and recommended that the court dismiss the plaintiff s claims [Docket 3]. On February 5, 2010, the plaintiff filed a Letter-Form Request, seeking a sixty-day extension to file objections to the PF&R [Docket 4]. Other than general allegations of inability, the plaintiff failed to supply any reasons for the extension. Having failed to show good cause, the request is DENIED. As such, neither party has filed objections to the Magistrate Judge s findings and recommendation. Accordingly, the court accepts and incorporates herein the findings and recommendation of the Magistrate Judge. Accordingly, the plaintiff s are DISMISSED as legally frivolous. The court DIRECTS the Clerk to send a copy of this Order to Magistrate Judge Stanley, counsel of record, and any unrepresented party. ENTER: -2- March 12, 2010
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