Goodson v. Hickey et al

Filing 15

MEMORANDUM OPINION AND ORDER ADOPTING 14 the Proposed Findings and Recommendation of Magistrate Judge R. Clarke VanDervort; DISMISSING 1 Plaintiff's Complaint and directing the Clerk to remove this case from the Court's active docket. Signed by Senior Judge David A. Faber on 6/8/2009. (cc: Plaintiff, Pro Se and counsel of record) (arb)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA AT BLUEFIELD KIMBERLY GOODSON, Plaintiff, v. DEBORAH A. HICKEY, et al., Defendants. MEMORANDUM OPINION AND ORDER By Standing Order, this action was referred to United States Magistrate Judge R. Clarke VanDervort for submission of findings and recommendations regarding disposition pursuant to 28 U.S.C.A. § 636(b)(1)(B). Magistrate Judge VanDervort submitted to CIVIL ACTION NO. 1:06-0702

the court his Findings and Recommendation on May 14, 2009, in which he recommended that the District Court dismiss plaintiff's complaint and remove this matter from the court's docket. In accordance with the provisions of 28 U.S.C.A. § 636(b), the parties were allotted ten days, plus three mailing days, in which to file any objections to Magistrate Judge VanDervort's Findings and Recommendation. The failure of any party to file

such objections constitutes a waiver of such party's right to a de novo review by this court. Cir. 1989). The parties failed to file any objections to the Magistrate Judge's Findings and Recommendation within the thirteen-day period. Having reviewed the Findings and Recommendation filed by Snyder v. Ridenour, 889 F.2d 1363 (4th

Magistrate Judge VanDervort, the court adopts the findings and recommendations contained therein. Accordingly, the court hereby

DISMISSES plaintiff's complaint and directs the Clerk to remove this case from the court's active docket. The Clerk is directed to forward a copy of this Memorandum Opinion and Order to plaintiff, pro se, and counsel of record. IT IS SO ORDERED this 8th day of June, 2009. ENTER:

David A. Faber Senior United States District Judge

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