Wade v. Hutchison et al, No. 5:2012cv00241 - Document 13 (S.D.W. Va. 2013)
Court Description: MEMORANDUM OPINION AND ORDER: The Court ADOPTS and incorporates the findings and recommendation of the Magistrate Judge as contained in the 11 Proposed Findings and Recommendations, and ORDERS that Plaintiff's 1 Application to Proceed without Prepayment of Fees is DENIED and Plaintiff's 3 Complaint is DISMISSED, and this matter is REMOVED from the Court's docket. Signed by Judge Irene C. Berger on 2/26/2013. (cc: Judge VanDervort; attys; any unrepresented party) (msa)
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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA BECKLEY DIVISION MATTHEW S. WADE, Plaintiff, v. CIVIL ACTION NO. 5:12-cv-00241 JOHN A. HUTCHINSON, et al., Defendants. MEMORANDUM OPINION AND ORDER The Court has reviewed the Plaintiff=s Complaint (Document 3) and Application to Proceed Without Prepayment of Fees (Document 1). By Standing Order (Document 4) entered on February 6, 2012, 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. ' 636. On February 8, 2013, the Magistrate Judge submitted a Proposed Findings and Recommendation (Document 11) wherein it is recommended that this Court deny the Plaintiff s Application to Proceed Without Prepayment of Fees, dismiss the Plaintiff s Complaint, and remove this matter from the Court s docket. Objections to the Magistrate Judge=s Proposed Findings and Recommendation were due by February 25, 2013. Neither party has timely filed objections to the Magistrate Judge=s Proposed Findings and Recommendation. The Court is not required to review, under a de novo or any other standard, the 1 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). Failure to file timely objections constitutes a waiver of de novo review and the Petitioner=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 Application to Proceed Without Prepayment of Fees (Document 3) is DENIED, the Plaintiff=s Complaint (Document 3) is DISMISSED, and this matter is REMOVED from the Court s docket. The Court DIRECTS the Clerk to send a certified copy of this Order to Magistrate Judge VanDervort, counsel of record, and any unrepresented party. ENTER: 2 February 26, 2013
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