Young v. Lacy et al

Filing 37

MEMORANDUM OPINION AND ORDER: adopting the factual and legal analysis contained within the 21 Proposed Findings and Recommendation; denying Plaintiff's 15 Motion for Temporary Restraining Order. Signed by Judge David A. Faber on 12/5/2017. (cc: counsel of record; plaintiff - pro se) (btm)

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

LARRY ARNOLD YOUNG,
Plaintiff,
v.

CIVIL ACTION NO. 1:17-03633

T.A. LACY; PERRY RICHMAN;
and AARON YOUNG,
Defendants.
MEMORANDUM OPINION AND ORDER
Pending before the court is plaintiff’s pro se request for
a temporary restraining order.

ECF No. 15.

By Standing Order,

this matter was referred to United States Magistrate Judge
Cheryl A. Eifert for submission of findings and recommendations
regarding disposition, pursuant to 28 U.S.C. § 636(b)(1)(B).
ECF. No. 5.

Magistrate Judge Eifert submitted to the court her

Proposed Findings and Recommendation on August 24, 2017, in
which she recommended that the district court deny plaintiff's
motion for a temporary restraining order.

See ECF No. 21.

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
Eifert’s Findings and Recommendation.

The failure to file such

objections constitutes a waiver of the right to a de novo review
by this court.
1989).

Snyder v. Ridenour, 889 F.2d 1363 (4th Cir.

Plaintiff 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 Eifert, the court adopts the findings and
recommendation contained therein.
The court hereby ADOPTS the factual and legal analysis
contained within the Findings and Recommendation and DENIES
plaintiff's motion for a temporary restraining order.

ECF. No.

15.
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 5th day of December, 2017.
ENTER:
David A. Faber
Senior United States District Judge

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