Prokop v. Mercer County et al

Filing 18

MEMORANDUM OPINION AND ORDER: The court adopts Magistrate Judge Tinsley's 15 PF&R as follows: 1) Plaintiff's 1 Complaint, pursuant to the provisions of 28 U.S.C. § 1915(e)(2)(B) and § 1915A, is DISMISSED; 2) Plaintiff 9;s 2 Application to Proceed without Prepayment of Fees and Costs, with a waiver of the applicable filing fee is DENIED; and 3) The Clerk is directed to remove this matter from the docket of the Court. Signed by Senior Judge David A. Faber on 2/1/2017. (cc: Plaintiff; attys) (mk)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
AT BLUEFIELD
ROBERT C. PROKOP,
Plaintiff,
v.

CIVIL ACTION NO. 1:14-24375

MERCER COUNTY and
STATE OF WEST VIRGINIA,
Defendants.

MEMORANDUM OPINION AND ORDER
By Standing Order, this matter was referred to United
States Magistrate Judge Dwane L. Tinsley for submission of
proposed findings and recommendations (“PF&R”) for disposition
pursuant to 28 U.S.C. § 636(b)(1)(B). (Doc. No. 4.)
Magistrate Judge Tinsley submitted to the court his PF&R on
September 19, 2016, in which he recommended that the Court
dismiss Plaintiff’s Complaint (Doc. No. 1), pursuant to the
provisions of 28 U.S.C. § 1915(e)(2)(B) and § 1915A, and deny
Plaintiff’s Application to Proceed without Prepayment of Fees
and Costs (Doc. No. 2), with a waiver of the applicable filing
fee.
In accordance with 28 U.S.C. § 636(b), the parties were
allotted seventeen days in which to file any objections to
Magistrate Judge Tinsley’s PF&R.

The failure of any party to
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file such objections within the time allotted 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).

Neither

party filed any objections to the Magistrate Judge’s PF&R within
the required time period.
Accordingly, the court adopts Magistrate Judge Tinsley’s
PF&R as follows:
1) Plaintiff’s Complaint (Doc. No. 1), pursuant to the
provisions of 28 U.S.C. § 1915(e)(2)(B) and § 1915A, is
DISMISSED;
2) Plaintiff’s Application to Proceed without Prepayment of
Fees and Costs (Doc. No. 2), with a waiver of the
applicable filing fee is DENIED; and
3) The Clerk is directed to remove this matter from the
docket of the Court.
The Clerk is further directed to forward a copy of this
Memorandum Opinion and Order to counsel of record and to
Plaintiff.
It is SO ORDERED this 1st day of February, 2017.

ENTER:
David A. Faber
Senior United States District Judge

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