Adkins v. Davis et al

Filing 24

MEMORANDUM OPINION AND ORDER: The court ADOPTS the 22 Proposed Findings and Recommendation by Magistrate Judge Omar J. Aboulhosn; DENIES without prejudice plaintiff's 2 Complaint; DENIES as moot defendants' 16 , 17 request for dismissal; DISMISSES this matter without prejudice; and directs the Clerk to remove this case from the court's active 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
RANDAL ADKINS,
Plaintiff,
v.

CIVIL ACTION NO. 1:18-00346

C.O. JERRY DAVIS, 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
18, 2019, in which he recommended that the district court deny
plaintiff’s complaint under 42 U.S.C. § 1983 without prejudice
(ECF No. 2), deny defendant’s request as moot (ECF Nos. 16 and
17), dismiss this matter without prejudice, and remove this
matter from the court’s docket.
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.

Having reviewed the Findings and

Recommendation filed by Magistrate Judge Aboulhosn, the court
adopts the findings and recommendations contained therein.
Accordingly, the court hereby DENIES plaintiff’s complaint under
42 U.S.C. § 1983 (ECF No. 2) without prejudice; DENIES as moot
defendant’s request for dismissal (ECF No. 16 and 17); DISMISSES
this matter without prejudice; and directs the Clerk to remove
this case from the court’s active docket.
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