Chance v. Spears et al

Filing 101

MEMORANDUM OPINION AND ORDER the court CONFIRMS AND ACCEPTS the magistrate judge's[ 80] Proposed Findings and Recommendation; granting the 76 Motion to Dismiss defendants Jim Spears and Paul Lyttle; directing the Clerk to terminate said defendants. Signed by Judge David A. Faber on 5/10/2010. (cc: plaintiff; attys; any unrepresented party) (taq)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA AT CHARLESTON

KENNETH EDWARD CHANCE, JR., Plaintiff, v. JIM SPEARS, et al., Defendants. CIVIL ACTION NO. 2:08-1156

MEMORANDUM OPINION AND ORDER Pending before the court is a motion to dismiss on behalf of defendants Jim Spears and Paul Lyttle. (Doc. No. 76.) By

Standing Order entered August 1, 2006, and filed in this case on October 7, 2008, this matter was referred to United States Magistrate Judge Mary E. Stanley. Pursuant to 28 U.S.C.

§ 636(b)(1)(B), the Standing Order directs Magistrate Judge Stanley to submit proposed findings and recommendation concerning the disposition of this matter. Magistrate Judge Stanley

submitted her Proposed Findings and Recommendation ("PF & R") on January 14, 2010, recommending that this court grant the motion to dismiss defendants Spears and Lyttle for failure to state a claim upon which relief can be granted against either defendant. (Doc. No. 80 at 2-3.) 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 Stanley's PF &

R.

Neither party filed objections to the magistrate judge's

proposed findings, and the failure to file objections within the appropriate time frame constitutes a waiver of the right to a de novo review by this court. Snyder v. Ridenour, 889 F.2d 1363

(4th Cir. 1989); Thomas v. Arn, 474 U.S. 140 (1985). Having reviewed the Proposed Findings and Recommendation filed by Magistrate Judge Stanley, the court (1) CONFIRMS AND ACCEPTS the magistrate judge's findings (Doc. No. 80); and (2) GRANTS the motion to dismiss (Doc. No. 76). The Clerk is directed to terminate defendants Spears and Lyttle and to forward a copy of this Memorandum Opinion and Order to counsel of record and to any unrepresented party. It is SO ORDERED this 10th day of May, 2010. ENTER: David A. Faber Senior United States District Judge

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