Ford v. United States of America, et al.

Filing 8

MEMORANDUM OPINION AND ORDER: The Court ADOPTS the 6 PROPOSED FINDINGS AND RECOMMENDATION by Magistrate Judge VanDervort; the Court DISMISSES plaintiff's complaint without prejudice and directs the Clerk to remove this case from the court's active docket. Signed by Judge David A. Faber on 8/5/2011. (cc: plaintiff, pro se and counsel of record) (mjp)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA AT BLUEFIELD CAMILLE Y. FORD, Plaintiff, v. CIVIL ACTION NO. 1:08-0241 UNITED STATES OF AMERICA, 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 the court his Findings and Recommendation on July 11, 2011, in which he recommended that the District Court dismiss plaintiff’s complaint without prejudice for failure to prosecute 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 fourteen 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. Snyder v. Ridenour, 889 F.2d 1363 (4th Cir. 1989). The parties failed to file any objections to the Magistrate Judge's Findings and Recommendation within the applicable time period. Having reviewed the Findings and Recommendation filed by Magistrate Judge VanDervort, the court adopts the findings and recommendations contained therein. Accordingly, the court hereby DISMISSES plaintiff’s complaint without prejudice 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 5th day of August, 2011. ENTER: David A. Faber Senior United States District Judge 2

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