Bryant v. Harvey

Filing 6

ORDER accepting and incorporating the 5 Proposed Findings and Recommendation of the Magistrate Judge; dismissing plaintiff's 2 complaint, with prejudice, and directing this action be removed from the docket. Signed by Judge Joseph R. Goodwin on 10/5/2010. (cc: plaintiff; attys; any unrepresented party) (taq)

Bryant v. Harvey

Doc. 6

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA CHARLESTON DIVISION ANDRIA BRYANT, Plaintiff, v. MATTHEW HARVEY, Defendant. CIVIL ACTION NO. 2:10-cv-01074

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. The Magistrate Judge has submitted findings of fact and has recommended that the court DISMISS the plaintiff's complaint [Docket 2] with prejudice for failure to state a claim and for seeking monetary relief against a defendant who is immune from such liability and DENY the plaintiff's application to proceed without prepayment of fees or costs [Docket 1]. Neither party has filed objections to the Magistrate Judge's findings and

recommendations. The failure to object to a magistrate judge's report may be deemed a waiver of appeal of the substance of the report and the court need only satisfy itself that there is no clear error on the face of the record in order to accept the recommendation. See Camby v. Davis, 718 F.2d 198, 200 (4th Cir. 1983); Campbell v. United States D. Ct. N.D. Cal., 501 F.2d 196, 206 (9th Cir. 1974). The court has reviewed the Magistrate Judge's findings of fact and recommendations and finds no clear

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error on the face of the record. Therefore, 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 the petitioner's complaint [Docket 2] with prejudice, and DIRECTS this action to 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: October 5, 2010

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