White v. Huntington National Bank

Filing 21

MEMORANDUM OPINION AND ORDER: the Court ADOPTS the 20 PROPOSED FINDINGS AND RECOMMENDATION by Magistrate Judge VanDervort, GRANTS 19 MOTION to Dismiss filed by Kenneth A. White, and directs the Clerk to remove this case from the court's active docket. Signed by Judge David A. Faber on 7/12/2013. (cc: plaintiff, pro se and counsel of record) (mjp)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA AT BLUEFIELD KENNETH A. WHITE, Plaintiff, v. CIVIL ACTION NO. 1:12-07503 HUNTINGTON NATIONAL BANK, Defendant. MEMORANDUM OPINION AND ORDER By Standing Order, on November 8, 2012, 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. § 636(b)(1)(B). On June 6, 2013, plaintiff filed a letter-form motion to dismiss his complaint without prejudice. Doc. No. 19. Magistrate Judge VanDervort submitted to the court his Proposed Findings and Recommendation (PF&R) on June 11, 2013, in which he recommended that the District Court grant plaintiff’s motion, dismiss plaintiff’s complaint without prejudice, and remove this matter from the court’s docket. Doc. No. 20 at 3. In accordance with 28 U.S.C. § 636(b), the parties were allotted fourteen days, plus three mailing days, within which to file any objections to Magistrate Judge VanDervort’s PF&R. failure of any party to file such objections constitutes a 1 The 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 Magistrate Judge VanDervort’s PF&R within the seventeen-day period. Having reviewed the PF&R, the court adopts the findings and recommendations therein. Accordingly, the court GRANTS plaintiff’s “Motion to Dismiss Without Prejudice,” (Doc. No. 19), 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. The Clerk is further directed to remove this case from the court’s active docket. IT IS SO ORDERED this 12th day of July, 2013. ENTER: David A. Faber Senior United States District Judge 2

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