Chase v. Trent

Filing 52

ORDER adopting Report and Recommendation re 50 Report and Recommendation; granting 29 Motion to Dismiss, or in the alternative for summary Judgment filed by George Trent.This case is DISMISSED WITH PREJUDICE and stricken from the Court's docket. Clerk directed to enter judgment. Signed by District Judge Irene M. Keeley on 11/19/12. (c to pro se plaintiff by cert mail)(cc) (Additional attachment(s) added on 11/19/2012: # 1 Certified Mail Return Receipt) (cc).

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF WEST VIRGINIA
JAMES ANTIWON CHASE,
Petitioner,
v.

//

CIVIL ACTION NO. 1:11CV108
(Judge Keeley)

GEORGE TRENT, et al,
Respondent.
ORDER ADOPTING REPORT AND RECOMMENDATION
On July 14, 2011, the pro se plaintiff James Antiwon Chase
(“Chase”) filed a state civil rights complaint pursuant to 18
U.S.C. § 1983. The Court referred this matter to United States
Magistrate Judge John S. Kaull for initial screening and a report
and recommendation in accordance with LR PL P 2. After determining
that summary dismissal of Chase’s complaint was not warranted,
Magistrate Judge Kaull entered an Order to Answer and issued a
summons for the defendant, George Trent (“Trent”). Dkt. No. 24.
Trent entered a motion to dismiss, or in the alternative for
summary judgment, on March 19, 2012. Dkt. No. 29. Magistrate Judge
Kaull then issued to Chase a Roseboro notice (dkt. no. 31), and
Chase replied to Trent’s motion. Dkt. No. 49.
On October 16, 2012, Magistrate Judge Kaull issued an Opinion
and Report and Recommendation (“R&R”), in which he recommended that
Trent’s motion for summary judgment be granted as to Chase’s § 1983
complaint. (Dkt. No. 50). The magistrate judge determined that
Chase failed as a matter of law to show that Trent violated his

CHASE v. TRENT

1:11CV108

ORDER ADOPTING REPORT AND RECOMMENDATION
Eighth Amendment rights because he had not shown that Trent
consciously disregarded a risk of serious harm to Chase of which he
had actual knowledge. Dkt. No. 50 at 11.
The R&R also specifically warned Chase that his failure to
object to the recommendation would result in the waiver of any
appellate rights he might otherwise have on this issue. The parties
did not file any objections.* Consequently, the Court ADOPTS the
Report and Recommendation in its entirety (dkt. no. 50), GRANTS the
motion to dismiss, or in the alternative for summary judgment (dkt.
no. 29), and ORDERS that this case be DISMISSED WITH PREJUDICE and
stricken from the Court’s docket.
It is so ORDERED.
Pursuant to Fed. R. Civ. P. 58, the Court directs the Clerk of
Court to enter a separate judgment order and to transmit copies of
both orders to counsel of record and to the pro se petitioner,
certified mail, return receipt requested.
Dated: November 19, 2012.
/s/ Irene M. Keeley
IRENE M. KEELEY
UNITED STATES DISTRICT JUDGE

*

The failure to object to the Report and Recommendation not only waives
the appellate rights in this matter, but also relieves the Court of any
obligation to conduct a de novo review of the issue presented. See Thomas
v. Arn, 474 U.S. 140, 148-153 (1985); Wells v. Shriners Hosp., 109 F.3d
198, 199-200 (4th Cir. 1997).

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