Williams v. Nelson
Filing
42
MEMORANDUM OPINION AND ORDER: The court ADOPTS the 36 Proposed Findings and Recommendation by Magistrate Judge VanDervort; GRANTS the United States' 20 MOTION to Dismiss Defendants Warden Amber Nelson, Neal Rehberg, D.O., Dana Renick, PA-C, Alice Lowe and James Allen Blankenship and Substitute the United States; GRANTS the United States' 23 MOTION to Dismiss for Failure to State a Claim; GRANTS the United States' 29 MOTION to Dismiss James Blankenship and/or for Summary Ju dgment; GRANTS Defendants Nelson, Lowe, Rehberg and Renick's 31 MOTION to Dismiss and/or for Summary Judgment; DISMISSES Plaintiff's 1 Complaint and DIRECTS the Clerk to remove this matter from the court's docket. Signed by Senior Judge David A. Faber on 8/28/2012. (cc: Plaintiff, Pro Se and counsel of record) (arb)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
AT BLUEFIELD
ALICE A. WILLIAMS,
Plaintiff,
v.
CIVIL ACTION NO. 1:09-0697
AMBER L. NELSON, Warden,
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. § 636(b)(1)(B).
Magistrate Judge VanDervort submitted to
the court his Findings and Recommendation on June 6, 2012, in
which he recommended that the district court grant the United
States’ “Motion to Dismiss Defendants Warden Amber Nelson, Neal
Rehberg, D.O., Dana Renick, PA-C, Alice Lowe and James Allen
Blankenship and Substitute the United States” (Doc. No. 20); grant
the United States’ “Motion to Dismiss for Failure to State a
Claim” (Doc. No. 23); grant the United States’ “Motion to Dismiss
James Blankenship and/or for Summary Judgment” (Doc. No. 29);
grant “Defendants Nelson, Lowe, Rehberg, and Renick’s Motion to
Dismiss and/or for Summary Judgment” (Doc. No. 31); dismiss
plaintiff’s complaint; 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.
As well, plaintiff was granted two
further extensions of time to file her objections, until August
20, 2012.
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 requisite time
period.
Having reviewed the Findings and Recommendation filed by
Magistrate Judge VanDervort, the court adopts the findings and
recommendations contained therein.
1.
Accordingly, the court hereby:
GRANTS the United States’ “Motion to Dismiss
Defendants Warden Amber Nelson, Neal Rehberg, D.O.,
Dana Renick, PA-C, Alice Lowe and James Allen
Blankenship and Substitute the United States” (Doc.
No. 20);
2.
GRANTS the United States’ “Motion to Dismiss for
Failure to State a Claim” (Doc. No. 23);
3.
GRANTS the United States’ “Motion to Dismiss James
Blankenship and/or for Summary Judgment” (Doc. No.
29);
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4.
GRANTS “Defendants Nelson, Lowe, Rehberg, and Renick’s
Motion to Dismiss and/or for Summary Judgment” (Doc.
No. 31);
5.
DISMISSES plaintiff’s complaint; and
6.
DIRECTS the Clerk to remove this matter from the
court’s docket.
The Clerk is further further directed to forward a copy of
this Memorandum Opinion and Order to plaintiff, pro se, and
counsel of record.
IT IS SO ORDERED this 28th day of August, 2012.
ENTER:
David A. Faber
Senior United States District Judge
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