Umphrey v. West Virginia University Berkeley Medical Center Behavioral Health Unit

Filing 12

ORDER ADOPTING 7 REPORT AND RECOMMENDATION; denying as moot 2 Motion for Leave to Proceed in forma pauperis. Plaintiff's Complaint is dismissed without prejudice and it is ordered that this case be stricken from the docket. Signed by Chief Judge Gina M. Groh on 2/12/2016. Copy sent certified mail, return receipt to pro se Plaintiff.(tlg)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF WEST VIRGINIA
MARTINSBURG
RALPH E. UMPHREY,
Plaintiff,
v.

CIVIL ACTION NO.: 3:16-CV-4
(GROH)

WEST VIRGINIA UNIVERSITY
BERKELEY MEDICAL CENTER
BEHAVIORAL HEALTH UNIT,
Defendant.

ORDER ADOPTING REPORT AND RECOMMENDATION
This matter is before the Court for consideration of a Report and Recommendation
(“R&R”) issued by United States Magistrate Judge Robert W. Trumble. ECF No. 7.
Pursuant to this Court’s Local Rules, this action was referred to Magistrate Judge Trumble
for submission of a proposed R&R. On January 12, 2016, Magistrate Judge Trumble
issued his R&R recommending that this Court dismiss the Plaintiff’s complaint for lack of
subject matter jurisdiction.
Pursuant to 28 U.S.C. § 636(b)(1)(C), this Court is required to make a de novo
review of those portions of the magistrate judge’s findings to which objection is made.
However, this Court is not required to review, under a de novo or any other standard, the
factual or legal conclusions of the magistrate judge to which no objections are made.
Thomas v. Arn, 474 U.S. 140, 150 (1985). Failure to file objections in a timely manner
constitutes a waiver of de novo review and a plaintiff’s right to appeal this Court’s Order.

28 U.S.C. § 636(b)(1)(C); Snyder v. Ridenour, 889 F.2d 1363, 1366 (4th Cir. 1989); United
States v. Schronce, 727 F.2d 91, 94 (4th Cir. 1984).
In this case, pursuant to 28 U.S.C. § 636(b)(1)(C) and Rule 72(b) of the Federal
Rules of Civil Procedure, objections to Magistrate Judge Trumble’s R&R were due within
fourteen days after being served with a copy of the R&R. The Plaintiff was served with
the R&R on January 20, 2016. To date, no objections have been filed. Accordingly, this
Court will review the R&R for clear error.
Upon careful review, it is the opinion of this Court that the magistrate judge’s
Report and Recommendation [ECF No. 7] should be, and is hereby, ORDERED
ADOPTED for the reasons more fully stated therein. Accordingly, the Plaintiff’s complaint
is hereby DISMISSED WITHOUT PREJUDICE and the Motion for Leave to Proceed In
Forma Pauperis [ECF No. 2] is DENIED as moot.
The Court DIRECTS the Clerk to enter a separate judgment order in favor of the
Defendant, pursuant to Federal Rule of Civil Procedure 58.
The Court further DIRECTS the Clerk to close this case and strike it from the
Court’s active docket.
The Clerk is DIRECTED to transmit a copy of this Order to the pro se Plaintiff.
DATED: February 12, 2016

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