Lowe v. Rickard et al

Filing 8

MEMORANDUM OPINION AND ORDER: The court ADOPTS the 5 Proposed Findings and Recommendation by Magistrate Judge Omar J. Aboulhosn; GRANTS plaintiff's 4 Motion to Dismiss Without Prejudice - Preliminary Injunction; DISMISSES without prejudice plaintiff's 1 Complaint/Motion for Preliminary Injunction and DIRECTS the Clerk to remove the matter from the court's docket. Plaintiff's 7 Motion to Dismiss, filed on 9/17/2018, is DENIED as moot. Signed by Senior Judge David A. Faber on 9/20/2018. (cc: plaintiff and counsel of record) (arb)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
AT BLUEFIELD
JERRY KAY LOWE, JR.,
Plaintiff,
v.

CIVIL ACTION NO. 1:18-00947

WARDEN 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
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 June 5,
2018, in which he recommended that the district court (1) grant
plaintiff’s “Motion to Dismiss Without Prejudice - Preliminary
Injunction”; (2) dismiss plaintiff’s complaint/motion for
preliminary injunction without prejudice; and (3) remove the
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.
(4th Cir. 1989).

Snyder v. Ridenour, 889 F.2d 1363

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 (1) GRANTS plaintiff’s “Motion to
Dismiss Without Prejudice - Preliminary Injunction”; (2)
DISMISSES plaintiff’s complaint/motion for preliminary injunction
without prejudice; and (3) DIRECTS the Clerk to remove the matter
from the court’s docket.*
The Clerk is directed to forward a copy of this
Memorandum Opinion and Order to plaintiff and counsel of record.
IT IS SO ORDERED this 20th day of September, 2018.
ENTER:

David A. Faber
Senior United States District Judge

*

Plaintiff’s Motion to Dismiss, filed on September 17,
2018, (ECF No. 7), is DENIED as moot.
2