Sayres v. Curtis et al
MEMORANDUM OPINION AND ORDER: The Court ADOPTS the 8 PROPOSED FINDINGS AND RECOMMENDATION by Magistrate Judge VanDervort, DENIES as moot the 1 Petition to Proceed without Prepayment of Fees or Costs filed by Thomas A. Sayres, DISMISSES plaintiff's 2 complaint for relief under 42 U.S.C. Section 1983, and DIRECTS the Clerk to remove this matter from the court's docket. Signed by Judge David A. Faber on 10/24/2012. (cc: Plaintiff, pro se and counsel of record) (mjp)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
THOMAS A. SAYRES,
CIVIL ACTION NO. 1:10-0193
MS. CURTIS, 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 September 27, 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
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 seventeen-day
Having reviewed the Findings and Recommendation filed by
Magistrate Judge VanDervort, the court adopts the findings and
recommendations contained therein.
Accordingly, the court hereby
DENIES moot plaintiff’s application to proceed without prepayment
of fees, DISMISSES plaintiff's complaint for relief under 42
U.S.C. § 1983, 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 24th day of October, 2012.
David A. Faber
Senior United States District Judge
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