Simon v. Domestic Violence Victim Assistance Funds et al, No. 2:2022cv00429 - Document 4 (S.D.W. Va. 2022)
Court Description: MEMORANDUM OPINION AND ORDER adopting the 3 Proposed Findings and Recommendations; directing that Plaintiff's 1 Complaint and its supplement be dismissed and that this matter be removed from the Court's docket. Signed by Judge Irene C. Berger on 11/14/2022. (cc: Magistrate Judge Aboulhosn; counsel of record; any unrepresented party) (lca)
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Simon v. Domestic Violence Victim Assistance Funds et al Doc. 4 Case 2:22-cv-00429 Document 4 Filed 11/14/22 Page 1 of 2 PageID #: 17 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA CHARLESTON DIVISION NAOMI LYNN SIMON, Plaintiff, v. CIVIL ACTION NO. 2:22-cv-00429 DOMESTIC VIOLENCE VICTIM ASSISTANCE FUNDS, et al., Defendants. MEMORANDUM OPINION AND ORDER On October 3, 2022, the Plaintiff’s pro-se, letter-form Complaint (Document 1) was filed in this matter. By Administrative Order (Document 2) entered on October 4, 2022, the action was referred to the Honorable Omar J. Aboulhosn, 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. On October 12, 2022, the Magistrate Judge submitted a Proposed Findings and Recommendation (Document 3) wherein it is recommended that this Court dismiss the Plaintiff’s Complaint (Document 1) and its supplement (Document 1-1) and remove the matter from the Court’s docket. Objections to the Magistrate Judge’s Proposed Findings and Recommendation were due by October 31, 2022, and none were filed. The Court is not 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 1 Dockets.Justia.com Case 2:22-cv-00429 Document 4 Filed 11/14/22 Page 2 of 2 PageID #: 18 to which no objections are addressed. Thomas v. Arn, 474 U.S. 140, 150 (1985). Failure to file timely objections constitutes a waiver of de novo review and a party’s right to appeal this Court’s Order. 28 U.S.C. § 636(b)(1); see also Snyder v. Ridenour, 889 F.2d 1363, 1366 (4th Cir. 1989); United States v. Schronce, 727 F.2d 91, 94 (4th Cir. 1984). Accordingly, the Court ADOPTS and incorporates herein the findings and recommendation of the Magistrate Judge as contained in the Proposed Findings and Recommendation, and ORDERS that the Plaintiff’s Complaint (Document 1) and its supplement (Document 1-1) be DISMISSED and that this matter be REMOVED from the Court’s docket. The Court DIRECTS the Clerk to send a certified copy of this Order to Magistrate Judge Aboulhosn, counsel of record, and any unrepresented party. ENTER: 2 November 14, 2022
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