Molineaux v. McClung et al

Filing 8

ORDER accepting and incorporating the 7 Proposed Findings and Recommendation by the Magistrate Judge; dismissing the plaintiff's complaint with prejudice and directing this action to be removed from the docket. Signed by Judge Joseph R. Goodwin on 7/24/2012. (cc: attys; any unrepresented party) (jap)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
CHARLESTON DIVISION
KEITH MOLINEAUX,
Plaintiff,
v.

CIVIL ACTION NO. 2:12-cv-01346

SORAYA MCCLUNG, 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 for failure to state a claim upon which relief may be granted. Neither party has filed
objections to the Magistrate Judge’s findings and recommendations.
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 the parties have not filed 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:

July 24, 2012