Deakins, Sr. et al v. Pack et al

Filing 178

MEMORANDUM OPINION AND ORDER: The Court ADOPTS the 177 Proposed Findings and Recommendation of Magistrate Judge VanDervort; GRANTS David W. Miller's 153 Motion to Dismiss; GRANTS Robin Mavin's 155 Renewed Motion to Dismiss, or in the Alternative, Motion to Quash Service and DENIES Plaintiffs' 160 Motion for Entry of Default Judgment. Signed by Judge Irene C. Berger on 9/28/2012. (certified cc: Plaintiffs, Pro Se and counsel of record and cc: Magistrate Judge VanDervort) (arb)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
BLUEFIELD DIVISION

HARRY E. DEAKINS, SR., et al.,
Plaintiffs,
v.

CIVIL ACTION NO. 1:10-cv-01396

T. S. PACK, et al.,
Defendants.

MEMORANDUM OPINION AND ORDER

This action was referred to the Honorable R. Clarke VanDervort, United States Magistrate
Judge, for submission to this Court of proposed findings of fact and recommendation for
disposition, pursuant to 28 U.S.C. ' 636(b)(1)(B). The Magistrate Judge has submitted his
Proposed Findings and Recommendation (Document 177) wherein it is recommended that the
Court grant David W. Miller’s Motion to Dismiss (Document 153), grant Robin Mavin’s Renewed
Motion to Dismiss, or in the Alternative, Motion to Quash Service (Document 155), and deny
Plaintiff’s Motion for Entry of Default Judgment (Document 160).
Neither party has filed objections to the Magistrate Judge=s findings and recommendation.
The Court is not required to review, under a de novo or any other standard, the factual or legal
conclusions of the magistrate judge as to those portions of the findings or recommendation to
which no objections are addressed. Thomas v. Arn, 474 U.S. 140, 150 (1985). Failure to file
timely objections constitutes a waiver of de novo review and the Petitioner=s right to appeal this
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Court=s Order. 28 U.S.C. ' 636(b)(1); see also Snyder v. Ridenour, 889 F.2d 1363, 1366 (4th Cir.
1989); United States v. Schronce, 727 F.2d 91, 94 (4th Cir. 1984).
Accordingly, the Court ADOPTS and incorporates herein the findings and
recommendation of the Magistrate Judge as contained in the Proposed Findings and
Recommendation, and ORDERS that David W. Miller’s Motion to Dismiss (Document 153) is
GRANTED, Robin Mavin’s Renewed Motion to Dismiss, or in the Alternative, Motion to Quash
Service (Document 155) is GRANTED, and Plaintiff’s Motion for Entry of Default Judgment
(Document 160) is DENIED.
The Court DIRECTS the Clerk to send a certified copy of this Memorandum Opinion and
Order to Magistrate Judge VanDervort, counsel of record, and any unrepresented party.
ENTER:

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September 28, 2012