McVay v. United States et al

Filing 28

MEMORANDUM OPINION AND ORDER adopting the 25 Proposed Findings and Recommendation by Magistrate Judge Omar J. Aboulhosn, dismissing plaintiff's 2 Complaint without prejudice, denying as moot defendants' 19 Motion to Dismiss, or in the Alternative, MOTION for Summary Judgment, and directing the Clerk to remove this case from the court's active docket. Signed by Senior Judge David A. Faber on 2/17/2021. (cc: plaintiff, pro se; counsel of record) (arb)

Case 1:20-cv-00064 Document 28 Filed 02/17/21 Page 1 of 2 PageID #: 133

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
AT BLUEFIELD
FRANKLIN TUCK MCVAY,
Plaintiff,
v.

CIVIL ACTION NO. 1:20-00064

UNITED STATES, 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 December 15, 2020, in
which he recommended that the district court dismiss plaintiff’s
complaint without prejudice, deny as moot defendants’ motions to
dismiss or, in the alternative, for summary 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.
Cir. 1989).

Snyder v. Ridenour, 889 F.2d 1363 (4th

Case 1:20-cv-00064 Document 28 Filed 02/17/21 Page 2 of 2 PageID #: 134

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

DISMISSES plaintiff’s complaint without prejudice, DENIES as moot
defendants’ motions to dismiss or, in the alternative, for summary
judgment, 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 17th day of February, 2021.
ENTER:

David A. Faber
Senior United States District Judge

2