Brooks v. Walker et al, No. 2:2012cv00060 - Document 5 (S.D.W. Va. 2012)

Court Description: ORDER accepting and incorporating herein the 4 Proposed Findings and Recommendation by Magistrate Judge and orders judgment consistent with the findings and recommendations; dismissing the plaintiff's 2 Complaint with prejudice, and directing this action to be removed from the docket. Signed by Judge Joseph R. Goodwin on 5/24/2012. (cc: attys; any unrepresented party) (cbo)

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Brooks v. Walker et al Doc. 5 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA CHARLESTON DIVISION RONALD LEE BROOKS, Plaintiff, v. CIVIL ACTION NO. 2:12-cv-00060 JOHN WALKER, et al., Defendants. 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 for disposition, pursuant to 28 U.S.C. ' 636(b)(1)(B). The Magistrate Judge has submitted findings of fact and has recommended that the court FIND that it lacks subject matter jurisdiction and DISMISS the plaintiff=s complaint [Docket 2]. Neither party has filed objections to the Magistrate Judge=s findings and recommendations. A district court Ashall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made.@ 28 U.S.C. ' 636(b)(1)(C). This court is not, however, required to review, under a de novo or any other standard, the factual or legal conclusions of the magistrate judge as to those portions of the findings or recommendation to which no objections are addressed. Thomas v. Arn, 474 U.S. 140, 150 (1985). Dockets.Justia.com As the parties have not filed objections in this case, the court accepts and incorporates herein the findings and recommendation of the Magistrate Judge and orders judgment consistent with the findings and recommendations. The court DISMISSES the plaintiff=s complaint [Docket 2] with prejudice, and DIRECTS this action to be removed from the docket. The court DIRECTS the Clerk to send a copy of this Order to counsel of record and any unrepresented party. ENTER: -2- May 24, 2012

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