DeWitt v. McDowell County Board of Education
Filing
35
MEMORANDUM OPINION AND ORDER adopting the 34 Proposed Findings and Recommendation by Magistrate Judge; granting defendant's 28 Motion for Summary Judgment; denying as moot defendant's 10 Motion to Dismiss; denying as moot defendant 39;s 19 Motion for an Order (1) Deeming Defendant's First Set of Requests for Admissions to Plaintiff Admitted, (2) Striking Plaintiff's Responses (of December 31, 2020) to Defendant's Request for Admissions, and (3) Striking Plainti ff's First Set of Interrogatories, Requests for Production, and Requests for Admissions to Defendant; the Court acknowledges that defendant withdrew this motion in part on 2/12/2021. By this order, the motion is dismissed as moot to the extent it was not already withdrawn. This action is dismissed from the court's docket. Signed by Senior Judge David A. Faber on 6/14/2021. (cc: counsel of record; any unrepresented parties) (arb)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
AT BLUEFIELD
JAMES MELVIN DEWITT,
Plaintiff,
v.
CIVIL ACTION NO. 1:20-00309
MCDOWELL COUNTY BOARD
OF EDUCATION,
Defendant.
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 Proposed Findings and Recommendation (“PF&R”) on
May 3, 2021, in which he recommended that the court grant
Defendant McDowell County Board of Education’s motion for
summary judgment (ECF No. 28) and deny as moot defendant’s
motion to dismiss (ECF No. 10) and defendant’s motion regarding
discovery responses (ECF No. 19).
In accordance with the provisions of 28 U.S.C. § 636(b),
the parties were allotted fourteen days and three mailing days
in which to file objections to the PF&R.
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).
Neither party filed any objections to the PF&R within the
required time period.
Accordingly, the court adopts the PF&R as
follows:
1. Defendant’s motion for summary judgment (ECF No. 28) is
GRANTED;
2. Defendant’s motion to dismiss (ECF No. 10) is DENIED as
moot; and
3. Defendant’s Motion for an Order (1) Deeming Defendant’s
First Set of Requests for Admissions to Plaintiff
Admitted, (2) Striking Plaintiff’s Responses (of
December 31, 2020) to Defendant’s Request for
Admissions, and (3) Striking Plaintiff’s First Set of
Interrogatories, Requests for Production, and Requests
for Admissions to Defendant (ECF No. 19) is DENIED as
moot. 1
4. This action is DISMISSED from the court’s docket.
The Clerk is directed to send a copy of this Memorandum
Opinion and Order to counsel of record and any unrepresented
parties.
The court acknowledges that defendant withdrew this motion in
part on February 12, 2021. (See ECF No. 27). By this order,
the motion is dismissed as moot to the extent it was not already
withdrawn.
2
1
IT IS SO ORDERED this 14th day of June, 2021.
ENTER:
David A. Faber
Senior United States District Judge
3
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