Smith v. American Express, et al

Filing 55

MEMORANDUM OPINION AND ORDER: The Court ADOPTS the PROPOSED FINDINGS AND RECOMMENDATION by Magistrate Judge VanDervort; GRANTS the 45 MOTION for Judgment on the Pleadings filed by American Express, DISMISSES plaintiff's complaint as to the remaining defendants, and directs the Clerk to remove this case from the court's active docket. Signed by Judge David A. Faber on 9/4/2014. (cc: Plaintiff, pro se and counsel of record) (mjp)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
AT BLUEFIELD
JOE E. SMITH,
Plaintiff,
v.

CIVIL ACTION NO. 1:13-3014

AMERICAN EXPRESS, 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. § 636(b)(1)(B).

Magistrate Judge VanDervort submitted to

the court his Findings and Recommendation (“PF&R”) on August 7,
2014, in which he recommended that the district court grant the
motion for judgment on the pleadings of defendant American
Express (Doc. No. 45), dismiss plaintiff’s complaint as to the
remaining defendants, and remove this matter from the court’s
docket.
In accordance with the provisions of 28 U.S.C. § 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.
(4th Cir. 1989).

Snyder v. Ridenour, 889 F.2d 1363

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 GRANTS the motion for judgment on
the pleadings of defendant American Express, DISMISSES
plaintiff’s complaint as to the remaining defendants, 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.
IT IS SO ORDERED this 4th day of September, 2014.
ENTER:

David A. Faber
Senior United States District Judge

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