Ferguson v. Alderson Federal Prison Camp et al

Filing 37

MEMORANDUM OPINION AND ORDER: The court ADOPTS the 34 Proposed Findings and Recommendation by Magistrate Judge Omar J. Aboulhosn. Accordingly, the court CONSTRUES plaintiff's 21 Motion to Add Statements of Facts and New Evidence and New Defe ndants to Case as plaintiff's response in opposition to defendants' Motion to Dismiss. The court GRANTS defendants' 17 Motion to Dismiss; denies plaintiff's 28 Motion for Declaration in Support of Entry for Default; DENIES as moot plaintiff's 36 Motion for Extension of Time to File Objections to the Proposed Findings and Recommendation; and removes this matter from the court's docket. Signed by Senior Judge David A. Faber on 3/21/2019. (cc: plaintiff, pro se and counsel of record) (arb)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
AT BLUEFIELD
KENITHA L. FERGUSON,
Plaintiff,
v.

CIVIL NO. 1:18-cv-00180

ALDERSON FEDERAL PRISON
CAMP, 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
findings and recommendations regarding disposition pursuant to
28 U.S.C. § 636(b)(1)(B).

Magistrate Judge Aboulhosn submitted

to the court his Findings and Recommendation (“PF&R”) on October
17, 2018, in which he recommended that the plaintiff’s Motion to
Add Statement of Facts and New Evidence and New Defendants to
Case (ECF No. 21) be construed as her Response in Opposition and
terminated as a pending motion, the defendant’s Motion to
Dismiss be granted, and the plaintiff’s Motion for Default be
denied.
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
Aboulhosn’s Findings and Recommendation.

The failure of any

party to file such objections 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).
The parties failed to file any objections to the Magistrate
Judge's Findings and Recommendation within the seventeen-day
period. 1

Having reviewed the Findings and Recommendation filed

by Magistrate Judge Aboulhosn, the court adopts the findings and
recommendations contained therein.

Accordingly, the court

hereby CONSTRUES plaintiff’s Motion to Add Statements of Facts
and New Evidence and New Defendants to Case (ECF No. 21) as
plaintiff’s response in opposition to defendants’ Motion to
Dismiss, GRANTS the defendants’ Motion to Dismiss (ECF No. 17),
DENIES plaintiff’s Motion for Declaration in Support of Entry
for Default (ECF No. 28), and removes this matter from the
court’s docket.
Furthermore, for the reasons set forth in the footnote
below, the plaintiff’s motion Requesting to Add New Address for
Plaintiff and Time to File an Extension (ECF No. 36) is DENIED
as moot.

On the last day to file objections, 11/05/18, the plaintiff
moved for the court to grant a 60-day extension of time to file
objections (ECF No. 36). Although the court did not rule on the
motion, the 60 days have come and gone, and the plaintiff has
not filed objections. Thus, the plaintiff’s motion (ECF No. 36)
is DENIED as moot.
1

2

The Clerk is directed to forward a copy of this
Memorandum Opinion and Order to plaintiff pro se and counsel of
record.
IT IS SO ORDERED this 21st day of March, 2019.
ENTER:
David A. Faber
Senior United States District Judge

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