Skeens v. Stanley, No. 5:2019cv00628 - Document 5 (S.D.W. Va. 2019)
Court Description: MEMORANDUM OPINION AND ORDER directing that the Court ADOPTS the 4 Proposed Findings and Recommendations of the Magistrate Judge, the Plaintiff's 1 Application to Proceed Without Prepayment of Fees and Costs be DENIED, the Plaintiff's 2 Complaint be DISMISSED, and this matter be REMOVED from the Court's docket. Signed by Judge Irene C. Berger on 10/1/2019. (cc: attys; any unrepresented party; Magistrate Judge Aboulhosn) (btm)
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Skeens v. Stanley Doc. 5 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA BECKLEY DIVISION WILLIAM P. SKEENS, Plaintiff, v. CIVIL ACTION NO. 5:19-cv-00628 OFFICER STANLEY, Defendant. MEMORANDUM OPINION AND ORDER On August 30, 2019, the Plaintiff, proceeding pro se, filed an Application to Proceed Without Prepayment of Fees and Costs (Document 1) and a Complaint (Document 2) in this matter. By Standing Order (Document 3) entered on that date, the 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 9, 2019, the Magistrate Judge submitted a Proposed Findings and Recommendation (Document 4) wherein it is recommended that this Court deny the Plaintiff’s Application to Proceed Without Prepayment of Fees and Costs, dismiss the Plaintiff’s Complaint, and remove this matter from the Court’s docket. Objections to the Magistrate Judge’s Proposed Findings and Recommendation were due by September 26, 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 October 1, 2019
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