Stevens v. United States of America

Filing 21

ORDER adopting Report and Recommendations: The Court ADOPTS the R&R in its entirety 19 and ORDERS that this case be DISMISSED WITH PREJUDICE and stricken from the Courts active docket. The Court directs the Clerk ofCourt to enter a separate judgment order. Signed by District Judge Irene M. Keeley on 4/3/17. (Attachments: # 1 Certified Mail Return Receipt)(jss)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF WEST VIRGINIA
DWAYNE STEVENS,
Plaintiff,
v.

CIVIL ACTION NO.: 1:14CV206

UNITED STATES OF AMERICA;
A.R. PURDUE, Warden; MR. WEAVER,
Health Services Admin.; DR. EDDIE
ANDERSON; and BUREAU OF PRISONS
DefendantS.
ORDER ADOPTING REPORT AND RECOMMENDATION [DKT. NO. 19]
On December 1, 2014, the pro se plaintiff, Dwayne Stevens
(“Stevens”), an inmate at FCI Gilmer, filed a complaint pursuant to
the Federal Tort Claims Act (“FTCA”), 28 U.S.C. §2671, et seq.
(Dkt. No. 1). On January 5, 2015, without moving for leave from the
Court,

Stevens

filed

an

amended

complaint,

together

with

a

memorandum in support. (Dkt. Nos. 12 and 13).
The Court referred this matter to United States Magistrate
Judge James E. Seibert for initial screening and a Report and
Recommendation (“R&R”) in accord with LR PL P 2. On March 8, 2016,
after

considering

both

the

original

and

amended

complaints,

Magistrate Judge Seibert issued his R&R, in which he concluded that
Stevens had failed to state a claim upon which relief could be
granted. (Dkt. No. 19). The R&R recommended that the Court dismiss
Stevens’s complaint with prejudice.1 Id. at 12.

1

The R&R also noted that Stevens was no longer in prison. He filed
a Notice of change of Address on January 22, 2015, indicating that
he was now residing at a private residence in Philadelphia, PA. See
Dkt. No. 15.

STEVENS V. USA, ET AL.

1:14CV206

ORDER ADOPTING REPORT AND RECOMMENDATION [DKT. NO. 19]
The R&R also specifically warned Stevens that his failure to
object to the R&R would result in the waiver of any appellate
rights he might otherwise have on this issue. Id. at 13. Stevens
did not file any objections.2 Consequently, finding no clear error,
the Court ADOPTS the R&R in its entirety (Dkt. No. 19) and ORDERS
that this case be DISMISSED WITH PREJUDICE and stricken from the
Court’s active 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
this order to counsel of record and to the pro se plaintiff,
certified mail, return receipt requested.
Dated: April 3, 2017.
/s/ Irene M. Keeley
IRENE M. KEELEY
UNITED STATES DISTRICT JUDGE

2

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, 148-53 (1985); Wells v.
Shriners Hosp., 109 F.3d 198, 199-200 (4th Cir. 1997).
2