Morales-Dorantes v. United States of America et al

Filing 10

MEMORANDUM OPINION AND ORDER: The court ADOPTS the 7 Proposed Findings and Recommendation by Magistrate Judge Omar J. Aboulhosn, DISMISSES plaintiff's 1 complaint and directs the Clerk to remove this case from the court's active docket. Signed by Senior Judge David A. Faber on 7/31/2018. (cc: plaintiff, pro se and counsel of record) (arb)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
AT BLUEFIELD

NAPOLEON MORALES-DORANTES,
Plaintiff,
v.

CIVIL ACTION NO. 1:15-12647

UNITED STATES OF AMERICA, et al,
Defendants.

MEMORANDUM OPINION AND ORDER
Pending before the court is plaintiff’s action seeking
relief pursuant to Bivens v. Six Unknown Named Federal Agents of
Federal Bureau of Narcotics, 403 U.S. 388 (1971).

ECF No. 1.

By Standing Order, the matter was referred to United States
Magistrate Judge Omar J. Aboulhosn for submission of proposed
findings and recommendations (“PF&R”) for disposition pursuant
to 28 U.S.C. § 636(b)(1)(B).

On March 27, 2018, the magistrate

judge submitted his PF&R, in which he recommended that the
district court, dismiss plaintiff’s complaint and remove the
matter from the court’s docket.

See ECF No. 7.

In accordance with the provisions of 28 U.S.C. § 636(b),
plaintiff was allotted fourteen days, plus three mailing days,
in which to file any objections to Magistrate Judge Aboulhosn’s
PF&R.

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).
Neither party has filed objections to the magistrate
judge’s PF&R within the required time period.

Accordingly,

having reviewed the PF&R, the court hereby adopts the factual
and legal analysis contained herein, as follows:
1. The court DISMISSES plaintiff’s complaint, (ECF No. 1);
and
2. The Clerk is directed to remove this case from the
court’s active docket.
The Clerk is further directed to forward a copy of this
Memorandum Opinion and Order to counsel of record and plaintiff,
pro se.
It is SO ORDERED this 31st day of July, 2018.
ENTER:
David A. Faber
Senior United States District Judge

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