Gentry v. SPS, et al

Filing 24

MEMORANDUM OPINION AND ORDER: The Court ADOPTS the 23 PROPOSED FINDINGS AND RECOMMENDATION of the Magistrate Judge and ORDERS that the Plaintiff's 17 MOTION to Dismiss is GRANTED, the Plaintiff's Complaint 1 , pp. 9-12 is DISMISSED WITHOUT PREJUDICE and this matter is REMOVED from the Court's docket. Signed by Judge Irene C. Berger on 2/19/2013. (certified cc: Magistrate Judge VanDervort, counsel of record and any unrepresented party) (mjp)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
BLUEFIELD DIVISION

TISON JUSTICE GENTRY,
Plaintiff,
v.

CIVIL ACTION NO. 1:12-cv-08557

SPS, et al.,
Defendants.

MEMORANDUM OPINION AND ORDER

The Court has reviewed the Plaintiff=s Motion of Dismiss[al] (Document 17) filed on
January 4, 2013, as well as the respective responses of the Defendants (Documents 20, 21 and 22).
By Standing Order (Document 5) entered on December 7, 2012, this action was referred to
the Honorable R. Clarke VanDervort, United States Magistrate Judge, for submission to this Court
of proposed findings of fact and recommendation for disposition, pursuant to 28 U.S.C. ' 636.
On January 29, 2013, the Magistrate Judge submitted a Proposed Findings and Recommendation
(Document 23) wherein it is recommend that this Court grant the Plaintiff’s Motion to Dismiss,
dismiss the Plaintiff’s Complaint without prejudice, and remove this matter from the Court’s
docket. Objections to the Magistrate Judge=s Proposed Findings and Recommendation were due
by February 15, 2013.
No party has timely filed objections to the Magistrate Judge=s Proposed Findings and
Recommendation. The Court is not required to review, under a de novo or any other standard, the
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factual or legal conclusions of the magistrate judge as to those portions of the findings or
recommendation to which no objections are addressed. Thomas v. Arn, 474 U.S. 140, 150 (1985).
Failure to file timely objections constitutes a waiver of de novo review and the Petitioner=s right to
appeal this Court=s Order. 28 U.S.C. ' 636(b)(1); see also Snyder v. Ridenour, 889 F.2d 1363,
1366 (4th Cir. 1989); United States v. Schronce, 727 F.2d 91, 94 (4th Cir. 1984).
Accordingly, the Court ADOPTS and incorporates herein the findings and
recommendation of the Magistrate Judge as contained in the Proposed Findings and
Recommendation, and ORDERS that the Plaintiff’s Motion to Dismiss (Document 17) is
GRANTED, the Plaintiff’s Complaint (Document 1, pp. 9-12) is DISMISSED WITHOUT
PREJUDICE, and this matter is REMOVED from the Court’s docket.
The Court DIRECTS the Clerk to send a certified copy of this Order to Magistrate Judge
VanDervort, counsel of record, and any unrepresented party.
ENTER:

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February 19, 2013