Pettry v. Ballard et al

Filing 5

MEMORANDUM OPINION AND ORDER adopting the 4 Proposed Findings and Recommendation; directing that this action is dismissed without prejudice. Signed by Judge John T. Copenhaver, Jr. on 9/23/2011. (cc: pro se plaintiff; attys; United States Magistrate Judge) (taq)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF WEST VIRGINIA
AT CHARLESTON
WENDELL L. PETTRY,
Plaintiff,
v.

Civil Action No. 2:11-0394

WARDEN DAVID BALLARD,
Defendant.

MEMORANDUM OPINION AND ORDER
This action was previously referred to Mary E.
Stanley, United States Magistrate Judge, who has submitted her
Proposed Findings and Recommendation pursuant to the provisions
of 28 U.S.C. § 636(b)(1)(B).
The court has reviewed the Proposed Findings and
Recommendation entered by the magistrate judge on August 17,
2011.

The magistrate judge recommends dismissal of plaintiff’s

complaint based upon his failure to pay the necessary filing
fee.

The plaintiff has not objected to the Proposed Findings

and Recommendation.

The court concludes the recommended

disposition is correct.

Based upon the foregoing discussion, it is,
accordingly, ORDERED:
1.

That the Proposed Findings and Recommendation be, and

it hereby is, adopted by the court; and
2.

That this action be, and it hereby is, dismissed

without prejudice.
The Clerk is directed to forward copies of this
written opinion and order to the pro se plaintiff, all counsel
of record, and the United States Magistrate Judge.
DATED:

2

September 23, 2011