Hamner v. Southern Regional Jail et al, No. 5:2019cv00376 - Document 8 (S.D.W. Va. 2019)
Court Description: MEMORANDUM OPINION AND ORDER: Granting the 6 Proposed Findings and Recommendations by Magistrate Judge; denying the 1 Application to Proceed without Prepayment of Fees or Costs filed by Barry N. Hamner, dismissing without prejudice Petitioner& #039;s 2 Complaint, and removing this matter from the Court's docket. Signed by Judge Irene C. Berger on 9/16/2019. (cc: Magistrate Judge Aboulhosn; attys; any unrepresented party) (slr) (Modified on 9/16/2019 to correct judge signature) (slr).
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Hamner v. Southern Regional Jail et al Doc. 8 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA BECKLEY DIVISION BARRY N. HAMNER, Plaintiff, v. CIVIL ACTION NO. 5:19-cv-00376 SOUTHERN REGIONAL JAIL, et al., Defendants. MEMORANDUM OPINION AND ORDER On May 13, 2019, the Petitioner, proceeding pro se, filed an Application to Proceed Without Prepayment of Fees and Costs (Document 1) and a Complaint (Document 2). By Standing Order (Document 3) entered on that date, 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 August 27, 2019, the Magistrate Judge submitted a Proposed Findings and Recommendation (Document 6) wherein it is recommended that this Court deny the Petitioner’s Application to Proceed Without Prepayment of Fees and Costs (Document 1), dismiss the Petitioner’s Complaint (Document 2) without prejudice, and remove this matter from the Court’s docket. Objections to the Magistrate Judge’s Proposed Findings and Recommendation were due by September 13, 2019.1 The docket reflects that the Proposed Findings and Recommendation mailed to the Petitioner was returned as undeliverable on September 9, 2019. 1 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 Petitioner’s Application to Proceed Without Prepayment of Fees and Costs (Document 1) be DENIED, the Petitioner’s Complaint (Document 2) be DISMISSED without prejudice, 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 September 16, 2019
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