Norwood v. E. Lavoyd Morgan Jr., Associates L.C. et al, No. 5:2019cv00491 - Document 7 (S.D.W. Va. 2019)
Court Description: MEMORANDUM OPINION AND ORDER ADOPTING the 6 Proposed Findings and Recommendation of the Magistrate Judge; DENYING the Plaintiff's 1 Application to Proceed without Prepayment of Fees and Costs; DISMISSING the Plaintiff's 2 Complaint and REMOVING this matter from the Court's docket. Signed by Judge Irene C. Berger on 8/13/2019. (cc: attys; any unrepresented party; Magistrate Judge Aboulhosn) (btm)
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Norwood v. E. Lavoyd Morgan Jr., Associates L.C. et al Doc. 7 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA BECKLEY DIVISION TRAVIS R. NORWOOD, Plaintiff v. CIVIL ACTION NO. 5:19-cv-00491 E. LAVOYD MORGAN JR., ASSOCIATES L.C., and E. LAVOYD MORGAN, JR., Defendants. MEMORANDUM OPINION AND ORDER On July 1, 2019, the Plaintiff, 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 4) 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 July 22, 2019, the Magistrate Judge submitted a Proposed Findings and Recommendation (Document 6) wherein it is recommended that this Court deny the Plaintiff’s Application to Proceed Without Prepayment of Fees and Costs (Document 1), dismiss the Plaintiff’s Complaint (Document 2), and remove this matter from the Court’s docket. Objections to the Magistrate Judge’s Proposed Findings and Recommendation were due by August 8, 2019. 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 1 Dockets.Justia.com 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 1) be DENIED, the Plaintiff’s Complaint (Document 2) 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 August 13, 2019
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