Delgado v. United States Postal Inspection Service

Filing 32

MEMORANDUM OPINION AND ORDER adopting the 30 Proposed Findings and Recommendation by Magistrate Judge, granting 11 MOTION by United States Postal Inspection Service to Dismiss or, in the Alternative, for Summary Judgment, denying the 19 CROSS MOTION by Carlos Delgado for Summary Judgment, denying 24 MOTION and by Carlos Delgado for Entry of Default, and directing the Clerk to remove this matter from the court's docket. Signed by Senior Judge David A. Faber on 6/5/2024. (cc: plaintiff; counsel of record) (mk)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
AT BLUEFIELD
CARLOS DELGADO,
Plaintiff,
v.

CIVIL ACTION NOS. 1:23-00202

UNITED STATES POSTAL
INSPECTION SERVICE,
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 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 May 1,
2024, in which he recommended that the district court grant
defendant’s motion to dismiss or, in the alternative, motion for
summary judgment; deny plaintiff’s cross motion for summary
judgment, deny plaintiff’s motion for entry of default, and
remove this 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.

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
required 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 GRANTS defendant’s motion to
dismiss or, in the alternative, motion for summary judgment;
DENIES plaintiff’s cross motion for summary judgment, DENIES
plaintiff’s motion for entry of default, and DIRECTS the Clerk
to remove this 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 5th day of June, 2024.
ENTER:

David A. Faber
Senior United States District Judge

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