Buggs v. Lucas et al

Filing 77

MEMORANDUM OPINION AND ORDER: The court ADOPTS the 74 Proposed Findings and Recommendation by Magistrate Judge Omar J. Aboulhosn; GRANTS defendant Meade's 33 Motion to Dismiss; DENIES plaintiff's 52 Motion for Injunctive Relief; GRANT S the BOP defendants' 54 Motion to Dismiss, or in the Alternative, Motion for Summary Judgment; DENIES plaintiff's 56 Motion for Default Judgment; and DIRECTS the Clerk to remove this case from the court's active docket. Signed by Senior Judge David A. Faber on 6/26/2019. (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
MARCUS BUGGS,
Plaintiff,
v.

CIVIL ACTION NO. 1:18-00729

KELLY LUCAS, 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 recommendation regarding disposition pursuant to 28
U.S.C.A. § 636(b)(1)(B).

Magistrate Judge Aboulhosn submitted to

the court his Findings and Recommendation on May 15, 2019, in
which he recommended that the district court grant defendant
Meade’s motion to dismiss, deny plaintiff’s motion for injunctive
relief, grant the BOP defendants’ “Motion to Dismiss, or in the
Alternative, Motion for Summary Judgment”, deny plaintiff’s motion
for default judgment, and remove this matter from the court’s
docket.
In accordance with the provisions of 28 U.S.C.A. § 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 allotted time
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:

1)

GRANTS defendant Meade’s motion to dismiss;

2)

DENIES plaintiff’s motion for injunctive relief;

3)

GRANTS the BOP Defendants’ “Motion to Dismiss, or in
the Alternative, Motion for Summary Judgment”;

4)

DENIES plaintiff’s motion for default judgment; and

5)

DIRECTS the 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 26th day of June, 2019.
ENTER:
David A. Faber
Senior United States District Judge

*

Subsequent to the filing of the PF&R, both plaintiff and
defendants filed documents responsive to the filing of the
amended complaint. See ECF Nos. 75 and 76. Those documents did
not address the merits of the PF&R.
2