Blackstone v. Stark et al

Filing 97

MEMORANDUM OPINION AND ORDER: The court ADOPTS the 94 Proposed Findings and Recommendation by Magistrate Judge Omar J. Aboulhosn; GRANTS Defendants Stark, Lilly, Lucas, Alexis, Collins, Goode, Vazquez-Valazquez, and Carothers' 77 Motion to Dismiss, or in the Alternative, Motion for Summary Judgment; GRANTS Defendant Smith's 81 Motion to Dismiss, or in the Alternative, Motion for Summary Judgment; DISMISSES this case and directs the Clerk to remove this case from the court's active docket. Signed by Senior Judge David A. Faber on 2/4/2020. (cc: counsel of record and any unrepresented parties) (arb)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
AT BLUEFIELD
MATTHEW J. BLACKSTONE,
Plaintiff,
v.

CIVIL ACTION NO. 1:18-00910

ASHLEY STARK, 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. § 636(b)(1)(B).

Magistrate Judge Aboulhosn submitted to

the court his Findings and Recommendation on December 11, 2019,
in which he recommended that the court grant defendants Stark,
Lilly, Lucas, Alexis, Collins, Goode, Vazquez-Valazquez, and
Carothers’ “Motion to Dismiss, or in the Alternative, Motion for
Summary Judgment” (ECF No. 77), grant defendant Smith’s “Motion
to Dismiss, or in the Alternative, Motion for Summary Judgment”
(ECF No. 81), and remove this matter from the court’s docket.
In accordance with the provisions of 28 U.S.C. § 636(b),
plaintiff was allotted fourteen days and 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 within the time allowed 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).
Objections to the Proposed Findings and Recommendation were
due by December 30, 2019.

On December 27, 2019, plaintiff filed

a Motion for Extension of Time to File Objections. (ECF No. 95.)
That motion was granted by this court on January 6, 2020, and
this court extended the deadline to file objections to the PF&R
to January 17, 2020.

Neither party filed any objections to the

Magistrate Judge’s Findings and Recommendation by the extended
deadline of January 17, 2020.
Accordingly, the court adopts the Findings and
Recommendation of Magistrate Judge Aboulhosn as follows:
1.

Defendants Stark, Lilly, Lucas, Alexis, Collins,
Goode, Vazquez-Valazquez, and Carothers’ “Motion to
Dismiss, or in the Alternative, Motion for Summary
Judgment” (ECF No. 77), is GRANTED;

2.

Defendant Smith’s “Motion to Dismiss, or in the
Alternative, Motion for Summary Judgment” (ECF No.
81), is GRANTED;

3.

This case is DISMISSED; and

4.

The Clerk is directed to remove this case from the
court’s active docket.

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The Clerk is further directed to forward a copy of this
Memorandum Opinion and Order to counsel of record and
unrepresented parties.
IT IS SO ORDERED this 4th day of February, 2020.
ENTER:
David A. Faber
Senior United States District Judge

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