Eads v. Wexford Health Sources et al

Filing 52

ORDER accepting and incorporating the 51 Proposed Findings and Recommendation of the Magistrate Judge; dismissing this action without prejudice, denying without prejudice the Wexford defendants' 45 Motion to Dismiss and directing that this action be removed from the docket. Signed by Judge Joseph R. Goodwin on 7/21/2011. (cc: pro se plaintiff; attys; any unrepresented party) (taq)

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

JONATHAN D. EADS,
Plaintiff,
v.

CIVIL ACTION NO. 2:10-cv-00136

WEXFORD HEALTH SOURCES, et al.,
Defendants.

ORDER
This action was referred to the Honorable Mary E. Stanley, United States Magistrate Judge,
for submission to this court of proposed findings of fact and recommendation for disposition,
pursuant to 28 U.S.C. § 636(b)(1)(B). The Magistrate Judge has submitted findings of fact and has
recommended that the court DISMISS this action without prejudice for the plaintiff’s failure to
prosecute and DENY without prejudice the Wexford defendants’ pending Motion to Dismiss
[Docket 45].

Neither party has filed objections to the Magistrate Judge’s findings and

recommendations.
A district court “shall make a de novo determination of those portions of the report or
specified proposed findings or recommendations to which objection is made.” 28 U.S.C. §
636(b)(1)(C). This court is not, however, required to review, under a de novo or any other standard,
the factual or legal conclusions of the magistrate judge as to those portions of the findings or
recommendation to which no objections are addressed. Thomas v. Arn, 474 U.S. 140, 150 (1985).
As the parties have not filed objections in this case, the court accepts and incorporates herein

the findings and recommendation of the Magistrate Judge and orders judgment consistent with the
findings and recommendations. The court DISMISSES this action without prejudice, DENIES
without prejudice the Wexford defendants’ Motion to Dismiss [Docket 45], and DIRECTS that
this action be removed from the docket.
The court DIRECTS the Clerk to send a copy of this Order to counsel of record and any
unrepresented party.
ENTER:

-2-

July 21, 2011