Johnson v. Butler

Filing 44

MEMORANDUM OPINION AND ORDER: The Court ADOPTS the 43 Proposed Findings and Recommendation by Magistrate Judge R. Clarke VanDervort; GRANTS Respondent's 40 MOTION to Dismiss and DIRECTS the Clerk to remove this case from the Court's docket. Signed by Senior Judge David A. Faber on 9/29/2014. (cc: Petitioner, Pro Se and counsel of record) (arb)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
AT BLUEFIELD
LA’SHAN DENEICE JOHNSON,
Petitioner,
v.

Civil Action No: 1:13-04401

SANDRA BUTLER,
Warden
Respondent.

MEMORANDUM OPINION AND ORDER
By Standing Order, this matter 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 Proposed Findings and Recommendation on
September 5, 2014, in which he recommended that the district
court grant respondent’s Motion to Dismiss and remove this
matter from the court’s docket.

(Doc. No. 43).

In accordance with the provisions of 28 U.S.C. § 636(b),
petitioner was allotted fourteen days, plus three mailing days,
in which to file any objections to Magistrate Judge VanDervort’s
Findings and Recommendation.

The failure to file such

objections constitutes a waiver of the right to a de novo review
by this court.

Snyder v. Ridenour, 889 F.2d 1363 (4th Cir.

1989).

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Petitioner failed to file any objections to the Magistrate
Judge’s Findings and Recommendation within the seventeen-day
period.

Having reviewed the Findings and Recommendation filed

by Magistrate Judge VanDervort, the court adopts the findings
and recommendation contained therein.
The court hereby GRANTS respondent’s Motion to Dismiss and
DIRECTS the Clerk to remove this case from the court’s docket.
The Clerk is further directed to forward a copy of this
Memorandum Opinion and Order to petitioner, pro se.
It is SO ORDERED this 29th day of September, 2014.

ENTER:

David A. Faber
Senior United States District Judge

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