Skeens v. Mcoy et al, No. 5:2019cv00131 - Document 12 (S.D.W. Va. 2019)
Court Description: MEMORANDUM OPINION AND ORDER: ADOPTING and incorporating the 11 Proposed Findings and Recommendation of the Magistrate Judge, and directing that Plaintiff's 6 Application to Proceed without Prepayment of Fees or Costs be DENIED, Plaintiff's 10 Amended Complaint be DISMISSED and this matter be REMOVED from the Court's docket. Signed by Judge Irene C. Berger on 10/7/2019. (cc: USMJ Aboulhosn; attys; any unrepresented party) (msa)
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Skeens v. Mcoy et al Doc. 12 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA BECKLEY DIVISION WILLIAM SKEENS, Plaintiff, v. CIVIL ACTION NO. 5:19-cv-00131 OFFICER McCOY, Defendant. MEMORANDUM OPINION AND ORDER On February 25, 2019, the Plaintiff’s Complaint (Document 2) was filed in this matter. On July 5, 2019, the Plaintiff filed an Application to Proceed Without Prepayment of Fees and Costs (Document 6) and an Amended Complaint (Document 7). Subsequently, on September 9, 2019, the Plaintiff filed a second Amended Complaint (Document 10). By Standing Order (Document 3) entered on February 25, 2019, this action was referred to the Honorable Omar J. Aboulhosn, 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 September 1, 2019, 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 and Costs, dismiss the Plaintiff’s Amended Complaint, and remove this matter from the Court’s docket. Objections to the Magistrate Judge’s Proposed Findings and Recommendation were due by September 27, 2019. 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 Without Prepayment of Fees and Costs (Document 6) be DENIED, the Plaintiff’s Amended Complaint (Document 10) 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 Aboulhosn, counsel of record, and any unrepresented party. ENTER: 2 October 7, 2019
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