Logan v. Hidden Valley Subdevelopment Estates

Filing 7

ORDER accepting and incorporating the 6 Proposed Findings and Recommendation and directing judgment consistent with the findings and recommendations; dismissing the plaintiff's 1 complaint with prejudice, and directing this action be removed from the docket. Signed by Judge Joseph R. Goodwin on 7/19/2011. (cc: plaintiff; attys; any unrepresented party) (taq)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA CHARLESTON DIVISION NINA AURORA J. LOGAN, Plaintiff, v. CIVIL ACTION NO. 2:10-cv-01269 RESIDENTS OF HIDDEN VALLEY SUBDEVELOPMENT ESTATES., 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 the plaintiff’s complaint [Docket 1] with prejudice pursuant to 28 U.S.C. § 1915A for failure to state a claim upon which relief can be granted. No objections to the Magistrate Judge’s findings and recommendations have been filed. 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 there are no 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 the plaintiff’s complaint [Docket 1] 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: -2- July 19, 2011

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