Curtis v. Close et al, No. 2:2014cv24624 - Document 42 (S.D.W. Va. 2017)
Court Description: ORDER accepting and incorporating the 40 Proposed Findings and Recommendations by Magistrate Judge; granting the defendants' 37 Motion to Dismiss; dismissing with prejudice plaintiff's 2 Complaint; and directing this action be stricken from the docket. Signed by Judge Joseph R. Goodwin on 8/14/2017. (cc: counsel of record; any unrepresented party) (mks)
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Curtis v. Close et al Doc. 42 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA CHARLESTON DIVISION MICHAEL CURTIS, Plaintiff, v. CIVIL ACTION NO. 2:14-cv-24624 OFFICER JUSTIN CLOSE, et al. Defendant. ORDER This action was referred to the Honorable Dwane L. Tinsley, 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). On May 8, 2017, the Magistrate Judge submitted his Proposed Findings of Fact and Recommendation [ECF No. 40] (“PF&R”) and recommended that the court GRANT the defendants’ Motion to Dismiss [ECF No. 37] and DISMISS the plaintiff=s Complaint [ECF No. 2] for failure to prosecute, pursuant to Rule 41(b) of the Federal Rules of Civil Procedure. 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.@ Dockets.Justia.com 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). 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 ORDERS that the defendants’ Motion to Dismiss [ECF No. 37] is GRANTED and the plaintiff=s Complaint [ECF No. 2] is DISMISSED with prejudice, and DIRECTS this action to be stricken 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 August 14, 2017
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