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THOMAS v. CROWDER, 1:12-04125. (2015)

Court: District Court, S.D. West Virginia Number: infdco20151006861 Visitors: 43
Filed: Oct. 01, 2015
Latest Update: Oct. 01, 2015
Summary: MEMORANDUM OPINION AND ORDER DAVID A. FABER , Senior District Judge . By Standing Order, this action was referred to United States Magistrate Judge R. Clarke VanDervort for submission of findings and recommendations regarding disposition pursuant to 28 U.S.C.A. 636(b)(1)(B). Magistrate Judge VanDervort submitted to the court his Findings and Recommendation on June 17, 2015, in which he recommended that the district court grant defendants' motion to dismiss; dismiss plaintiff's complaint;
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MEMORANDUM OPINION AND ORDER

By Standing Order, this action was referred to United States Magistrate Judge R. Clarke VanDervort for submission of findings and recommendations regarding disposition pursuant to 28 U.S.C.A. § 636(b)(1)(B). Magistrate Judge VanDervort submitted to the court his Findings and Recommendation on June 17, 2015, in which he recommended that the district court grant defendants' motion to dismiss; dismiss plaintiff's complaint; and remove this case from the court's active docket.

In accordance with the provisions of 28 U.S.C.A. § 636(b), the parties were allotted fourteen days, plus three mailing days, in which to file any objections to Magistrate Judge VanDervort's Findings and Recommendation. The failure of any party to file such objections constitutes a waiver of such party's right to a de novo review by this court. Snyder v. Ridenour, 889 F.2d 1363 (4th Cir. 1989). Neither party filed objections within the requisite time.

Having reviewed the Findings and Recommendation filed by Magistrate Judge VanDervort, the court adopts the findings and recommendations contained therein. Accordingly, the court hereby GRANTS defendants' motion to dismiss; DISMISSES plaintiff's complaint; and DIRECTS the Clerk to remove this case from the court's active docket.

The Clerk is directed to forward a copy of this Memorandum Opinion and Order to plaintiff, pro se, and counsel of record.

IT IS SO ORDERED

Source:  Leagle

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