Smith et al v. Doe et al, No. 5:2006cv00065 - Document 11 (S.D.W. Va. 2009)
Court Description: MEMORANDUM OPINION: adopting in its entirety the 10 Proposed Findings and Recommendations; denying Plaintiffs' 3 Application to Proceed in forma pauperis filed by Curtis E. Crawford; dismissing Plaintiffs' Complaint. Signed by Judge Thomas E. Johnston on 2/6/2009. (cc: attys; any unrepresented party) (slr)
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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA BECKLEY DIVISION WAYNE SMITH, et al., Plaintiff, v. CIVIL ACTION NO. 5:06-cv-00065 DIRECTOR JOHN DOES, et al., Defendants. MEMORANDUM OPINION Pending before the Court are Plaintiffs Application to Proceed in Forma Pauperis [Docket 3] and Plaintiffs Complaint [Dockets 1 2]. By Standing Order entered on July 2, 2004, and filed in this case on January 30, 2006, this action was referred to United States Magistrate Judge R. Clarke VanDervort for submission of proposed findings and a recommendation (PF&R). Magistrate Judge VanDervort filed his PF&R [Docket 10] on January 16, 2009, recommending that this Court DENY Plaintiffs Application to Proceed in Forma Pauperis, DISMISS Plaintiffs Complaint, and remove this matter from the Court s docket. 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 to which no objections are addressed. Thomas v. Arn, 474 U.S. 140, 150 (1985). In addition, failure to file timely objections constitutes a waiver of de novo review and Plaintiffs right to appeal this Court s Order. Snyder v. Ridenour, 889 F.2d 1363, 1366 (4th Cir. 1989); United States v. Schronce, 727 F.2d 91, 94 (4th Cir. 1984). Here, objections to Magistrate Judge VanDervort s PF&R were due by February 2, 2009, pursuant to 28 U.S.C. ยง 636(b)(1) and Fed. R. Civ. P. 72(b). To date, no objections have been filed. Accordingly, the Court ADOPTS the PF&R [Docket 10] in its entirety, DENIES Plaintiffs Application to Proceed in Forma Pauperis [Docket 3], and DISMISSES Plaintiffs Complaint [Dockets 1 2]. A separate Judgment Order will enter this day implementing the rulings contained herein. IT IS SO ORDERED. The Court DIRECTS the Clerk to send a copy of this Order to counsel of record and any unrepresented party. ENTER: -2- February 6, 2009
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