Lee v. Wade

Filing 16

ORDER. Having reviewed the REPORT AND RECOMMENDATION of the Magistrate Judge 14 entered herein on July 17, 2015, PLAINTIFF RICKY LEE'S OBJECTIONS TO REPORT & RECOMMENDATION 15 , and the time for filing a timely response to the plaintiff' ;s objections, and the defendant not filing a timely response thereto, and having considered the record and the REPORT AND RECOMMENDATION and finding no error therein, it is hereby ORDERED that PLAINTIFF RICKY LEE'S OBJECTIONS TO REPORT & RECOM MENDATION 15 are overruled; (2) The REPORT AND RECOMMENDATION of the Magistrate Judge is ADOPTED on the basis of the reasoning of the REPORT AND RECOMMENDATION. This Order may be appealed by the Plaintiff by filing a written notice of appeal with the Clerk of the Court within thirty (30) days of the date of entry hereof. SEE ORDER FOR DETAILS. Signed by Judge Robert E. Payne on 08/28/2015. Copy mailed to Plaintiff. (ccol, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA

p

Richmond Division

py

b

m 3 1 2015
RICKY LEE,
CLERK, U.S. DiSTRiCT COURT
RICHMOND, VA

Plaintiff,

V.

Civil Action No.

MICHAEL L.

3:15cv37

WADE,

Defendant.
ORDER

By Order entered herein on May 15, 2015, the pending MOTION TO
DISMISS (Docket No. 7) was referred to Magistrate Judge Roderick C.
Young for report and recommendation.

Having reviewed the REPORT AND RECOMMENDATION of the Magistrate
Judge (Docket No. 14) entered herein on July 17, 2015, PLAINTIFF RICKY
LEE'S OBJECTIONS TO REPORT & RECOMMENDATION (Docket No. 15), and the

time for filing a timely response to the plaintiff's objections, and
the defendant not filing a timely response thereto,

and having

considered the record and the REPORT AND RECOMMENDATION and finding
no error therein, i t is hereby ORDERED that:
(1)

PLAINTIFF

RICKY

RECOMMENDATION (Docket No.

(2)
ADOPTED

LEE'S

15)

OBJECTIONS

TO

REPORT

&

are overruled;

The REPORT AND RECOMMENDATION of the Magistrate Judge is
on

the

RECOMMENDATION;

basis

of

the

reasoning

of

the

REPORT

AND

(3)

The defendant's MOTION TO DISMISS

(Docket No. 7) is

granted; and

(4)

This action is dismissed with prejudice.

It is further ORDERED that the issues are adequately addressed

by the briefs and oral argument would not materially aid the
decisional process.

This Order may be appealed by the Plaintiff.

Any appeal from

this decision must be taken by filing a written notice of appeal with
the Clerk of the Court within thirty (30) days of the date of entry

hereof.

Failure to file a timely notice of appeal may result in the

loss of the right to appeal.

The Clerk is directed to send a copy of this Order to the
plaintiff and to counsel of record.
It

is

so ORDERED.

/s/

MIL

Robert E. Payne
Senior United States District Judge

Richmond, Virginia
Date: August 28, 2015