Miller v. McMillion, et al
Filing
9
MEMORANDUM OPINION AND ORDER: the Court ADOPTS the 7 PROPOSED FINDINGS AND RECOMMENDATION by Magistrate Judge VanDervort; DISMISSES plaintiff's complaint without prejudice for failure to prosecute and directs the Clerk to remove this case from the court's active docket. Signed by Judge David A. Faber on 11/9/2012. (cc: plaintiff, pro se, and counsel of record) (mjp)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
AT BLUEFIELD
JEANNE MARIE MILLER,
Plaintiff,
v.
CIVIL ACTION NO. 1:10-0331
BILLY MCMILLION, 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 recommendation 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 October 11, 2012, in
which he recommended that the district court dismiss plaintiff’s
Bivens action for failure to prosecute.
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 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
DISMISSES plaintiff’s complaint without prejudice for failure to
prosecute 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 9th day of November, 2012.
ENTER:
David A. Faber
Senior United States District Judge
2
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