White v. Old Republic National Title Insurance et al

Filing 12

MEMORANDUM OPINION AND ORDER: the Court ADOPTS the 11 PROPOSED FINDINGS AND RECOMMENDATION by Magistrate Judge VanDervort, GRANTS the 10 MOTION to Dismiss filed by Kenneth A. White, DISMISSES plaintiff's complaint as against defendant Old Republic National Title Insurance and refers this matter back to Magistrate Judge VanDervort for further proceedings. 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
AT BLUEFIELD
KENNETH A. WHITE,
Plaintiff,
v.

CIVIL ACTION NO. 1:12-07965

OLD REPUBLIC NATIONAL
TITLE INSURANCE, et al,
Defendants.
MEMORANDUM OPINION AND ORDER
By Standing Order, on November 19, 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 19,

2013, plaintiff filed a motion to dismiss his complaint as
against defendant Old Republic National Title Insurance without
prejudice.

Doc. No. 10.

Magistrate Judge VanDervort submitted

to the court his Proposed Findings and Recommendation (PF&R) on
June 20, 2013, in which he recommended that the District Court
grant plaintiff’s motion, dismiss plaintiff’s complaint without
prejudice, and refer this matter back to Magistrate Judge
VanDervort for further proceedings.

Doc. No. 11 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.

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).
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 (Doc. No. 10), DISMISSES plaintiff’s
complaint as against defendant Old Republic National Title
Insurance, and refers this matter back to Magistrate Judge
VanDervort for further proceedings.
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 12th day of July, 2013.
ENTER:

David A. Faber
Senior United States District Judge

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