Perez v. Young, No. 5:2019cv00332 - Document 6 (S.D.W. Va. 2019)
Court Description: MEMORANDUM OPINION AND ORDER directing that the 5 Proposed Findings and Recommendation by Magistrate Judge be ADOPTED, the 4 Application Proceed without Prepayment of Fees or Costs filed by Elijio Perez be DENIED, the Plaintiff's 1 Complaint/Motion be DISMISSED, and this matter be REMOVED from the Court's docket. Signed by Judge Irene C. Berger on 7/9/2019. (cc: Magistrate Judge Aboulhosn; attys; any unrepresented party) (slr)
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Perez v. Young Doc. 6 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA BECKLEY DIVISION ELIJIO PEREZ, Plaintiff, v. CIVIL ACTION NO. 5:19-cv-00332 D. L. YOUNG, Warden, F.C.I. Beckley, Defendant. MEMORANDUM OPINION AND ORDER On April 29, 2019, the Plaintiff, proceeding pro se, filed a Complaint/Motion (Document 1) in this matter. Subsequently, on May 6, 2019, the Plaintiff filed an Application to Proceed Without Prepayment of Fees and Costs (Document 4). By Standing Order (Document 3) entered on April 29, 2019, the matter 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 June 11, 2019, the Magistrate Judge submitted a Proposed Findings and Recommendation (Document 5) wherein it is recommended that this Court deny the Plaintiff’s Application to Proceed Without Prepayment of Fees and Costs (Document 4), dismiss the Plaintiff’s Complaint/Motion (Document 1), and remove this matter from the Court’s docket. Objections to the Magistrate Judge’s Proposed Findings and Recommendation were due by June 28, 2019, and none were filed by either party. 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 4) be DENIED, the Plaintiff’s Complaint/Motion (Document 1) 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 July 9, 2019
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