Fox v. Samuels
Filing
8
MEMORANDUM OPINION AND ORDER: The court ADOPTS the 7 Proposed Findings and Recommendation of Magistrate Judge VanDervort; GRANTS Plaintiff's 6 MOTION to withdraw her complaint; DENIES Plaintiff's 6 MOTION for reimbursement of the filing fee; DISMISSES Plaintiff's 1 Complaint and DIRECTS the Clerk to remove this case from the court's active docket. Signed by Senior Judge David A. Faber on 8/3/2012. (cc: Plaintiff, Pro Se and counsel of record) (arb)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
AT BLUEFIELD
GINA FOX,
Plaintiff,
v.
CIVIL ACTION NO. 1:12-0242
CHARLES F. SAMUELS, JR.,
Director of
Federal Bureau of Prisons,
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 July 13, 2012, in
which he recommended that the district court 1) grant plaintiff's
motion to withdraw complaint; 2) deny plaintiff’s motion for
reimbursement of the filing fee; 3) dismiss plaintiff’s complaint;
and 4) remove this case from the court’s active 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).
Neither party filed objections within the requisite time.
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) GRANTS plaintiff’s motion to withdraw her complaint; 2) DENIES
plaintiff’s motion for reimbursement of the filing fee;
3) DISMISSES plaintiff’s complaint; and 4) 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 3rd day of August, 2012.
ENTER:
David A. Faber
Senior United States District Judge
2
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