Thomas v. Crowder et al

Filing 18

MEMORANDUM OPINION AND ORDER: The Court ADOPTS 15 PROPOSED FINDINGS AND RECOMMENDATION by Magistrate Judge R. Clarke VanDervort; GRANTS Defendants' 10 MOTION to Dismiss; and DIRECTS the Clerk to remove this case from the court's active docket. Signed by Senior Judge David A. Faber on 10/1/2015. (cc: Plaintiff, pro se, and counsel of record) (mk)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA AT BLUEFIELD TRAMPUS A. THOMAS, Plaintiff, v. CIVIL ACTION NO. 1:12-04125 TROOPER CROWDER, 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 June 17, 2015, in which he recommended that the district court grant defendants’ motion to dismiss; dismiss plaintiff’s complaint; and 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. Cir. 1989). time. Snyder v. Ridenour, 889 F.2d 1363 (4th Neither party filed objections within the requisite Having reviewed the Findings and Recommendation filed by Magistrate Judge VanDervort, the court adopts the findings and recommendations contained therein. Accordingly, the court hereby GRANTS defendants’ motion to dismiss; DISMISSES plaintiff’s complaint; 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 1st day of October, 2015. ENTER: David A. Faber Senior United States District Judge 2

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