Parker v. Stevens Correctional Center et al

Filing 11

MEMORANDUM OPINION AND ORDER adopting 9 the Proposed Findings and Recommendation; dismissing defendants Stevens Correctional Center, Inmate Greg Williams, Inmate Perkins, Inmate Wilson, Inmate Gabriel Atkins, Inmate Jason Ramsey, Inmate Baisore and Inmate Brian Miller and referring the matter back to Magistrate Judge VanDervort for further proceedings. Signed by Senior Judge David A. Faber on 4/26/2010. (cc: Plaintiff, Pro Se and counsel of record) (arb)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA AT BLUEFIELD JESSE LEE PARKER, Jr., Plaintiff, v. STEVENS CORRECTIONAL CENTER, 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. 1:08-0263

the court his Findings and Recommendation on March 26, 2010, in which he recommended that the district court dismiss defendants Stevens Correctional Center, Inmate Greg Williams, Inmate Perkins, Inmate Wilson, Inmate Gabriel Atkins, Inmate Jason Ramsey, Inmate Baisore, and Inmate Brian Miller, and refer this matter back to him for further proceedings. 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. Cir. 1989).

Snyder v. Ridenour, 889 F.2d 1363 (4th

The parties failed to file any objections to the Magistrate Judge's Findings and Recommendation within the requisite 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 defendants Stevens Correctional Center, Inmate Greg Williams, Inmate Perkins, Inmate Wilson, Inmate Gabriel Atkins, Inmate Jason Ramsey, Inmate Baisore, and Inmate Brian Miller, and REFERS the matter back to Magistrate Judge VanDervort for further proceedings. 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 26th day of April, 2010. ENTER:

David A. Faber Senior United States District Judge

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