Shepherd v. Blocker et al
Filing
12
MEMORANDUM OPINION AND ORDER: The Court ADOPTS the 7 PROPOSED FINDINGS AND RECOMMENDATION by Magistrate Judge VanDervort; the Court DISMISSES plaintiff's claims against defendants Blocker and Ryan, and REFERS this matter back to Magistrate Judge VanDervort for further proceedings. Signed by Judge David A. Faber on 3/20/2014. (cc: Plaintiff, pro se and counsel of record) (mjp)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
AT BLUEFIELD
TERRENCE SHEPHERD,
Plaintiff,
v.
Civil Action No: 1:13-13757
REX BLOCKER, et al.,
Defendants.
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
February 25, 2014, in which he recommended that the district
court dismiss plaintiff’s claims against defendants Blocker and
Ryan and refer this matter back to him for further proceedings
upon plaintiff’s Federal Tort Claims Act and Bivens claims
against the remaining defendants.
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 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).
The parties 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 DISMISSES plaintiff’s claims against
defendants Blocker and Ryan, and REFERS this matter back to
Judge VanDervort for further proceedings.
The Clerk is directed to forward a copy of this Memorandum
Opinion and Order to plaintiff, pro se, and all counsel of
record.
It is SO ORDERED this 20th day of March, 2014.
ENTER:
David A. Faber
Senior United States District Judge
2
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