Tilson v. Nelson
Filing
26
MEMORANDUM OPINION AND ORDER: The court ADOPTS 23 the PROPOSED FINDINGS AND RECOMMENDATION of Magistrate Judge VanDervort; GRANTS defendant's 15 MOTION to DISMISS; DISMISSES this action and directs that the Clerk remove this case from the court's active docket. Signed by Senior Judge David A. Faber on 6/17/2011. (cc: Plaintiff, Pro Se and counsel of record) (arb)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
AT BLUEFIELD
DEBORAH A. TILSON,
Plaintiff,
v.
CIVIL ACTION NO. 1:09-0931
AMBER NELSON, Warden,
Defendant.
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 April 18, 2011, in
which he recommended that the District Court grant defendant’s
motion to dismiss, dismiss this action, 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 seventeen-day
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
GRANTS defendant’s motion to dismiss, DISMISSES this action, 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 17th of June, 2011.
ENTER:
David A. Faber
Senior United States District Judge
2
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