Smith v. Justice Highwall Mining et al

Filing 5

MEMORANDUM OPINION AND ORDER: The Court ADOPTS the 4 Proposed Findings and Recommendation entered by Magistrate Judge VanDervort. The Court DENIES plaintiff's 1 application to proceed without prepayment of fees; DISMISSES plaintiff's 2 Complaint and DIRECTS the Clerk to remove this matter from the court's active docket. Signed by Judge David A. Faber on 5/22/2012. (cc: Plaintiff, pro se and counsel of record) (mjp)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
AT BLUEFIELD
WILLIAM C. SMITH,
Plaintiff,
v.

CIVIL ACTION NO. 1:09-00984

JUSTICE HIGHWALL MINING, 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 April 18, 2012, in
which he recommended that the District Court deny plaintiff’s
application to proceed without prepayment of fees, dismiss
plaintiff’s complaint, 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.
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 allotted 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:
1.

DENIES plaintiff’s application to proceed without
prepayment of fees;

2.

DISMISSES plaintiff’s complaint; and

3.

DIRECTS the Clerk to remove this matter 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 22nd day of May, 2012.
ENTER:

David A. Faber
Senior United States District Judge

2