Richards v. Jim Rubenstein, et al
Filing
12
MEMORANDUM OPINION AND ORDER: The Court ADOPTS the 10 Proposed Findings and Recommendation by Magistrate Judge R. Clarke VanDervort; DENIES Plaintiff's 2 Application to Proceed Without Prepayment of Fees and Costs; DISMISSES Plaintiff's 1 Complaint and DIRECTS the Clerk to remove this matter from the Court's docket. Signed by Senior Judge David A. Faber on 10/1/2015. (cc: Plaintiff, Pro Se and counsel of record) (arb)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
AT BLUEFIELD
THOMAS RYAN RICHARDS,
Plaintiff,
v.
CIVIL ACTION NO. 1:12-6268
JIM RUBENSTEIN, 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 August 23, 2013, in
which he recommended that the district court deny plaintiff’s
application to proceed without prepayment of fees and costs,
dismiss plaintiff's complaint, and remove this matter from the
court's 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).
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 required 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
DENIES plaintiff’s application to proceed without prepayment of
fees and costs, 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
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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