Sandlain v. Warden
Filing
24
MEMORANDUM OPINION AND ORDER adopting the 23 Proposed Findings and Recommendation by Magistrate Judge. The Court hereby DENIES 17 MOTION by Blake Sandlain for Default Pursuant to Fed.R.Civ.P. (A)(D), and the matter remains referred to Magistrate Judge Tinsley for further proceedings. Signed by Senior Judge David A. Faber on 6/2/2021. (cc: plaintiff, pro se; counsel of record) (mk)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
AT BLUEFIELD
BLAKE SANDLAIN,
Plaintiff,
v.
CIVIL ACTION NO. 1:20-00424
WARDEN, FCI MCDOWELL,
Defendant.
MEMORANDUM OPINION AND ORDER
By Standing Order, this action was referred to United
States Magistrate Judge Dwane L. Tinsley for submission of
findings and recommendation regarding disposition pursuant to 28
U.S.C.A. § 636(b)(1)(B).
Magistrate Judge Tinsley submitted to
the court his Findings and Recommendation on March 25, 2021, in
which he recommended that the district court deny Sandlain’s
motion for default and leave the matter referred to him for
further findings on the merits.
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 Tinsley’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 Tinsley, the court adopts the findings and
recommendations contained therein.
Accordingly, the court hereby
DENIES plaintiff’s motion for default and the matter remains
referred to Magistrate Judge Tinsley for further proceedings.
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 2nd day of June, 2021.
ENTER:
David A. Faber
Senior United States District Judge
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?