Green v. McGrue et al

Filing 84

ORDER ADOPTING REPORT AND RECOMMENDATION [DKT. NO. 82 ,GRANTING MOTIONS TO DISMISS [DKT. NOS. 53 , 68 , 74 ,AND DISMISSING CASE WITH PREJUDICE. The Court DIRECTS the Clerk to enter a separate judgment order. Signed by Senior Judge Irene M. Keeley on 8/13/19. (jss) (Additional attachment(s) added on 8/13/2019: # 1 Certified Mail Return Receipt) (jss).

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF WEST VIRGINIA
JULIAN LEE GREEN
Plaintiff,
v.

CIVIL ACTION NO. 1:17CV37
(Judge Keeley)

AMANDA MCGRUE, ET AL.,
Defendants.
ORDER ADOPTING REPORT AND RECOMMENDATION [DKT. NO. 82],
GRANTING MOTIONS TO DISMISS [DKT. NOS. 53, 68, 74],
AND DISMISSING CASE WITH PREJUDICE
On March 6, 2017, the pro se plaintiff, Julian Lee Green
(“Green”), filed a complaint pursuant to 42 U.S.C. § 1983 (Dkt. No.
1), which this Court referred to United States Magistrate Judge
James

P.

Mazzone

for

initial

screening

and

a

Report

and

Recommendation (“R&R”) in accordance with LR PL P 2 and 28 U.S.C.
§ 1915(e).1 Magistrate Judge Mazzone’s R&R recommended that the
Court dismiss Green’s complaint for failure to state a claim upon
which relief can be granted under § 1983 (Dkt. No. 82). The R&R
also specifically warned Green that failing to object to the
recommendation would result in the waiver of his appellate rights.
Id. at 22. Green did not file any objections to the R&R.2

Originally, this case was referred to Magistrate Judge Michael
J. Aloi, but it was later reassigned to Magistrate Judge James E.
Seibert and then to Magistrate Judge Mazzone (Dkt. No. 43).
1

The failure to object to the R&R 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 issues 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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GREEN V. MCGRUE, ET AL.

1:17CV37

ORDER ADOPTING REPORT AND RECOMMENDATION [DKT. NO. 82],
GRANTING MOTIONS TO DISMISS [DKT. NOS. 53, 68, 74],
AND DISMISSING CASE WITH PREJUDICE
Consequently, finding no clear error, the Court ADOPTS the R&R
in its entirety (Dkt. No. 82), GRANTS the motions to dismiss [Dkt.
Nos. 53, 68, 74], and DISMISSES this case WITH PREJUDICE.
It is so ORDERED.
The Court DIRECTS the Clerk to enter a separate judgment order
and to transmit copies of both orders to the pro se plaintiff by
certified mail, return receipt requested, to his last known address
and to counsel of record by electronic means.
Dated: August 13, 2019
/s/ Irene M. Keeley
IRENE M. KEELEY
UNITED STATES DISTRICT JUDGE

2