Dalton v. Rubenstein et al

Filing 9

ORDER adopting the 8 Proposed Findings and Recommendation by Magistrate Judge Stanley. The court dismisses the plaintiff's 2 Complaint without prejudice and removes this action from the active docket. Signed by Judge Joseph R. Goodwin on 5/23/2011. (cc: attys; any unrepresented party) (lca)

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

1STARR DALTON,
Plaintiff,
v.

CIVIL ACTION NO. 2:10-cv-01297

JIM RUBENSTEIN, 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 2] without prejudice for
failure to pay the filing fee. 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). The court has reviewed the Magistrate Judge’s findings of fact and recommendations
and finds no clear 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 plaintiff’s Complaint [Docket 2]
without 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-

May 23, 2011