Wilfong v. West Virginia Department of Corrections, et al.
Filing
8
MEMORANDUM OPINION AND ORDER: The court ADOPTS the 7 Proposed Findings and Recommendation by Magistrate Judge Omar J. Aboulhosn, DISMISSES plaintiff's 1 letter-form Complaint, and directs the Clerk to remove this case from the court's active docket. Signed by Senior Judge David A. Faber on 10/3/2016. (cc: plaintiff and counsel of record) (arb)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
AT BLUEFIELD
ROBERT WILFONG,
Plaintiff,
v.
CIVIL ACTION NO. 1:14-21127
WEST VIRGINIA DEPARTMENT
OF CORRECTIONS, et al.,
Defendants.
MEMORANDUM OPINION AND ORDER
By Standing Order, this action was referred to United
States Magistrate Judge Omar J. Aboulhosn for submission of
findings and recommendations regarding disposition pursuant to
28 U.S.C. § 636(b)(1)(B).
Magistrate Judge Aboulhosn submitted
to the court his Findings and Recommendation (“PF&R”) on August
12, 2016, in which he recommended that the District Court
dismiss plaintiff’s letter-form Complaint under Rule 41(b) of
the Federal Rules of Civil Procedure and Rule 41.1 of the Local
Rules of Civil Procedure for the Southern District of West
Virginia 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
Aboulhosn’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.
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 Aboulhosn, the court adopts the findings and
recommendations contained therein.
Accordingly, the court
hereby DISMISSES plaintiff’s letter-form Complaint under Rule
41(b) of the Federal Rules of Civil Procedure and Rule 41.1 of
the Local Rules of Civil Procedure for the Southern District of
West Virginia 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 and counsel of record.
IT IS SO ORDERED this 3rd day of October, 2016.
ENTER:
David A. Faber
Senior United States District Judge
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?