Hamlet v. State of W.V. Attorney General et al
MEMORANDUM OPINION AND ORDER ADOPTING the 7 PROPOSED FINDINGS AND RECOMMENDATION by Magistrate Judge VanDervort; DISMISSING Plaintiff's 1 Complaint without prejudice and DIRECTING the Clerk to remove this matter from the Court's docket. Signed by Senior Judge David A. Faber on 1/17/2012. (cc: Plaintiff, Pro Se and counsel of record) (arb) Modified on 1/17/2012 to add language "without prejudice" as to dismissal of Complaint (mjp).
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
BRIAN LEON HAMLET,
CIVIL ACTION NO. 1:08-1194
STATE OF WEST VIRGINIA, et al.,
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. § 636(b)(1)(B).
Magistrate Judge VanDervort submitted to
the court his Findings and Recommendation on December 16, 2011, in
which he recommended that the District Court dismiss this case
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. § 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
The parties failed to file any objections to the Magistrate
Judge's Findings and Recommendation within the time period for
Having reviewed the Findings and Recommendation filed
by Magistrate Judge VanDervort, the court adopts the findings and
recommendations contained therein.
Accordingly, the court
DISMISSES plaintiff's complaint for relief under 42 U.S.C. § 1983
without prejudice, and DIRECTS the Clerk to remove this matter
from the court's docket.
The Clerk is further directed to forward a copy of this
Memorandum Opinion and Order to plaintiff, pro se, and counsel of
IT IS SO ORDERED this 17th day of January, 2012.
David A. Faber
Senior United States District Judge
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