White v. Huntington National Bank
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)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
KENNETH A. WHITE,
CIVIL ACTION NO. 1:12-07503
HUNTINGTON NATIONAL BANK,
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.
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
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.
reviewed the PF&R, the court adopts the findings and
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.
David A. Faber
Senior United States District Judge
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