Stone v. United States Parole Commission

Filing 12

MEMORANDUM OPINION AND ORDER: The court adopts the Findings and Recommendations of Magistrate Judge Aboulhosn as to Robert Warren Stone as follows: 1. Plaintiff's Motion to Dismiss Action" is GRANTED; 2. Plaintiff's complaint is DISMISSED without prejudice; and 3. The Clerk is directed to remove this case from the court's active docket. Signed by Senior Judge David A. Faber on 4/12/2017. (cc: counsel of record; any unrepresented party) (mk)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA AT BLUEFIELD ROBERT WARREN STONE, Plaintiff, v. CIVIL ACTION NO. 1:17-00196 UNITED STATES PAROLE COMMISSION, Defendant. MEMORANDUM OPINION AND ORDER By Standing Order, this action was referred to United States Magistrate Judge Omar J. Aboulhosn for submission of findings and recommendation regarding disposition pursuant to 28 U.S.C. § 636(b)(1)(B). Magistrate Judge Aboulhosn submitted to the court his Findings and Recommendation on March 2, 2017, in which he recommended that the court grant plaintiff's “Motion to Dismiss Action”; dismiss plaintiff’s complaint without prejudice; and remove this case from the court’s active docket. In accordance with the provisions of 28 U.S.C. § 636(b), plaintiff was allotted fourteen days and 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 within the time allowed constitutes a waiver of such party's right to a de novo review by this court. Ridenour, 889 F.2d 1363 (4th Cir. 1989). Snyder v. Neither party filed any objections to the Magistrate Judge's Findings and Recommendations within the requisite time period. Accordingly, the court adopts the Findings and Recommendations of Magistrate Judge Aboulhosn as follows: 1. Plaintiff’s “Motion to Dismiss Action" is GRANTED; 2. Plaintiff’s complaint is DISMISSED without prejudice; and 3. 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 unrepresented parties. IT IS SO ORDERED this 12th of April, 2017. ENTER: David A. Faber Senior United States District Judge 2

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