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)

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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

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