Pettry v. Ballard et al, No. 2:2011cv00394 - Document 5 (S.D.W. Va. 2011)
Court Description: MEMORANDUM OPINION AND ORDER adopting the 4 Proposed Findings and Recommendation; directing that this action is dismissed without prejudice. Signed by Judge John T. Copenhaver, Jr. on 9/23/2011. (cc: pro se plaintiff; attys; United States Magistrate Judge) (taq)
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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF WEST VIRGINIA AT CHARLESTON WENDELL L. PETTRY, Plaintiff, v. Civil Action No. 2:11-0394 WARDEN DAVID BALLARD, Defendant. MEMORANDUM OPINION AND ORDER This action was previously referred to Mary E. Stanley, United States Magistrate Judge, who has submitted her Proposed Findings and Recommendation pursuant to the provisions of 28 U.S.C. ยง 636(b)(1)(B). The court has reviewed the Proposed Findings and Recommendation entered by the magistrate judge on August 17, 2011. The magistrate judge recommends dismissal of plaintiff s complaint based upon his failure to pay the necessary filing fee. The plaintiff has not objected to the Proposed Findings and Recommendation. The court concludes the recommended disposition is correct. Based upon the foregoing discussion, it is, accordingly, ORDERED: 1. That the Proposed Findings and Recommendation be, and it hereby is, adopted by the court; and 2. That this action be, and it hereby is, dismissed without prejudice. The Clerk is directed to forward copies of this written opinion and order to the pro se plaintiff, all counsel of record, and the United States Magistrate Judge. DATED: 2 September 23, 2011
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