Hancock v. Rickard et al

Filing 58

MEMORANDUM OPINION AND ORDER: Having reviewed the 51 Proposed Findings and Recommendation by Magistrate Judge Omar J. Aboulhosn, the court hereby DENIES petitioner's 5 Motion for Temporary Restraining Order and Preliminary Injunction. This matter shall remain referred to Magistrate Judge Aboulhosn for further proceedings. Signed by Senior Judge David A. Faber on 9/19/2018. (cc: plaintiff, pro se, counsel of record and any unrepresented party) (arb)

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

GARY WARREN HANCOCK, JR.,
Plaintiff,
v.

CIVIL ACTION NO. 1:18-00024

BARBARA RICKARD, 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 proposed
findings and recommendation (“PF&R”).

Magistrate Judge Aboulhosn

submitted his second proposed findings and recommendation to the
court on August 13, 2018.

In that Proposed Findings and

Recommendation, the magistrate judge recommended that this court
deny plaintiff’s motion for a Temporary Restraining Order and
Preliminary Injunction.
In accordance with the provisions of 28 U.S.C. § 636(b), the
parties were allotted seventeen days, including three mailing
days, in which to file any objections to Magistrate Judge
Aboulhosn’s PF&R.

Under § 636(b), the failure of any party to

file objections within the appropriate time frame constitutes a
waiver of that party’s right to a de novo review by this court.
Snyder v. Ridenour, 889 F.2d 1363 (4th Cir. 1989); Thomas v. Arn,

474 U.S. 140 (1985).

Neither party has filed objections to the

PF&R, and the time period for doing so has now elapsed.
Having reviewed the Proposed Findings and Recommendation
filed by Magistrate Judge Aboulhosn, the court hereby DENIES
petitioner’s Motion for Temporary Restraining Order and
Preliminary Injunction.

(ECF No. 5).

This matter shall remain

referred to Magistrate Judge Aboulhosn for further proceedings.
The Clerk is directed to forward copies of this Memorandum
Opinion and Order to all counsel of record and to any
unrepresented party.
It is SO ORDERED this 19th day of September, 2018.
ENTER:

David A. Faber
Senior United States District Judge

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