Shepherd v. Blocker et al
Filing
38
MEMORANDUM OPINION AND ORDER: the court ADOPTS the 28 Proposed Findings and Recommendation by Magistrate Judge VanDervort, and GRANTS 17 Motion to Substitute Party filed by United States of America. The United States is substituted for d efendants William Goode, Carl Hill, Karen P. Hogsten, and Hippilto Matos with respect to plaintiff's tort claims. The court REFERS this matter back to Magistrate Judge VanDervort for further proceedings. Signed by Judge David A. Faber on 6/6/2014. (cc: petitioner, 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
WILLIAM GOODE, 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 April
15, 2014 in which he recommended that the district court grant
the United States’ motion to substitute (Doc. No. 17) and refer
this matter back to him for further proceedings.
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.
Cir. 1989).
Snyder v. Ridenour, 889 F.2d 1363 (4th
The parties failed to file any objections to the Magistrate
Judge’s Findings and Recommendation within the seventeen-day
period.
Notably, in plaintiff’s response to the motion to
substitute, he stated that he had no objection to the motion.
Doc. No. 19.
Having reviewed the Findings and Recommendation
filed by Magistrate Judge VanDervort, the court adopts the
findings and recommendation contained therein.
The court GRANTS the United States’ motion to substitute
(Doc. No. 17).
The United States is substituted for defendants
William Goode, Carl Hill, Karen P. Hogsten, and Hippilto Matos
with respect to plaintiff’s tort claims.
The court 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 all counsel of
record.
It is SO ORDERED this 6th day of June, 2014.
ENTER:
David A. Faber
Senior United States District Judge
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