Rowe v. Clark, No. 3:2004cv00681 - Document 115 (S.D.W. Va. 2011)
Court Description: MEMORANDUM OPINION AND ORDER adopting 114 Proposed Findings and Recommendations by Magistrate Judge VanDervort; no party having filed objections to the Findings and Recommendation, the Court dismisses plaintiff's cause of action as to Corpo ral Fisher, Officer Thomas, Officer Wiley, Corporal Everseen, Corporal Daniels and Vickie Greene and Dismisses this entire action, consistent with the Findings and Recommendation. Signed by Judge Robert C. Chambers on 9/15/2011. (cc: attys; any unrepresented party) (dcm)
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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA HUNTINGTON DIVISION WALTER KELLY ROWE, Plaintiff, v. CIVIL ACTION NO. 3:04-0681 JAKE CLARK, et al., Defendants. MEMORANDUM OPINION AND ORDER This action was referred to the Honorable R. Clarke VanDervort, United States Magistrate Judge, for submission to this Court of proposed findings of fact and recommendation 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 Plaintiff s cause of action as to Corporal Fisher, Officer Thomas, Officer Wiley, Corporal Everseen, Corporal Daniels, and Vickie Greene unless Plaintiff can demonstrate within the period of time allotted for objecting to this Proposed Finding and Recommendation that there was good cause for his failure to serve the above individuals, dismiss this entire action if Plaintiff does not notify the Court by September 5, 2011, that he continues to be interested in proceeding with this case, and if he does notify the Court, refer this matter back to Magistrate Judge VanDervort for further proceedings. 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. Plaintiff has not demonstrated within the period of time allotted for objecting to this Proposed Finding and Recommendation that there was good cause for his failure to serve the above individuals nor has he notified the Court by September 5, 2011, that he continues to be interested in proceeding with this case. The Court therefore DISMISSES Plaintiff s cause of action as to Corporal Fisher, Officer Thomas, Officer Wiley, Corporal Everseen, Corporal Daniels, and Vickie Greene and DISMISSES this entire action, consistent with the findings and recommendation. The Court DIRECTS the Clerk to forward copies of this written opinion and order to all counsel of record, and any unrepresented parties. ENTER: September 15, 2011 ROBERT C. CHAMBERS UNITED STATES DISTRICT JUDGE -2-
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