Pumphrey v. United States, No. 5:2015cv06509 - Document 11 (S.D.W. Va. 2015)
Court Description: MEMORANDUM OPINION AND ORDER: The Court ADOPTS the 9 Proposed Findings and Recommendation by Magistrate Judge and ORDERS that the Plaintiff's 8 Application to Proceed without Prepayment of Fees and Costs be DENIED, that this civil action be DISMISSED AS MOOT, and that this matter be REMOVED from the Court's docket. Signed by Judge Irene C. Berger on 12/1/2015. (cc: Magistrate Judge VanDervort; attys; any unrepresented party) (slr)
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Pumphrey v. United States Doc. 11 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA BECKLEY DIVISION WILLIAM C. PUMPHREY, Plaintiff, v. CIVIL ACTION NO. 5:15-cv-06509 UNITED STATES OF AMERICA, Defendant. MEMORANDUM OPINION AND ORDER On May 20, 2015, the Plaintiff filed a pro-se Complaint (Document 1) in this matter. Subsequently, on November 2, 2015, the Plaintiff filed an Application to Proceed Without Prepayment of Fees and Costs (Document 8). By Standing Order (Document 2) entered on May 21, 2015, this matter 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 November 5, 2015, the Magistrate Judge submitted a Proposed Findings and Recommendation (Document 9) wherein it is recommended that this Court deny the Plaintiff’s Application to Proceed Without Prepayment of Fees and Costs, dismiss the civil action as moot, and remove this matter from the Court’s docket. Objections to the Magistrate Judge=s Proposed Findings and Recommendation were due by November 23, 2015, and none were timely filed. 1 Dockets.Justia.com 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 Without Prepayment of Fees and Costs (Document 8) be DENIED, that this civil action be DISMISSED AS MOOT, 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 VanDervort, counsel of record, and any unrepresented party. ENTER: 2 December 1, 2015
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