Paris v. Virginia Transporation Corp. et al, No. 5:2014cv19764 - Document 8 (S.D.W. Va. 2015)

Court Description: MEMORANDUM OPINION AND ORDER: The Court ADOPTS and incorporates herein the findings and recommendation of the Magistrate Judge as contained in the 7 Proposed Findings and Recommendations, and ORDERS that the Plaintiff's 4 Application to P roceed in Forma Pauperis be DENIED, the Plaintiff's 1 and 6 Complaints be DISMISSED, and this matter be DISMISSED, and REMOVED from the Court's docket. Signed by Judge Irene C. Berger on 7/10/2015. (cc: USMJ VanDervort; attys; any unrepresented party) (msa)

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Paris v. Virginia Transporation Corp. et al Doc. 8 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA BECKLEY DIVISION TURNER W. PARIS, JR., Plaintiff, v. CIVIL ACTION NO. 5:14-cv-19764 VIRGINIA TRANSPORTATION CORP., et al., Defendants. MEMORANDUM OPINION AND ORDER On June 30, 2014, the Plaintiff filed a Complaint (Document 1) in this matter. The Complaint was subsequently amended (Document 6) on July 24, 2014. Also filed by the Plaintiff, on July 1, 2014, was an Application to Proceed in Forma Pauperis (Document 4). By Standing Order (Document 2) entered on June 30, 2014, 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 June 18, 2015, the Magistrate Judge submitted a Proposed Findings and Recommendation (Document 7) wherein it is recommended that this Court deny the Plaintiff’s Application to Proceed in Forma Pauperis, dismiss the Plaintiff’s Complaints, and remove this matter from the Court’s docket. Objections to the Magistrate Judge=s Proposed Findings and Recommendation were due by July 6, 2015. 1 Dockets.Justia.com 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 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 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 Application to Proceed in Forma Pauperis (Document 4) be DENIED, the Plaintiff’s Complaints (Documents 1 & 6) be DISMISSED, and 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 VanDervort, counsel of record, and any unrepresented party. ENTER: 2 July 10, 2015

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