Howard v. Ballard
Filing
158
MEMORANDUM OPINION AND ORDER adopting the 157 Proposed Findings and Recommendation by Magistrate Judge; and denying plaintiff's 148 Motion for Injunction. Signed by Judge Thomas E. Johnston on 5/31/2017. (cc: counsel of record; any unrepresented party) (taq)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
CHARLESTON DIVISION
JOSEPH EUGENE HOWARD,
Plaintiff,
v.
CIVIL ACTION NO. 2:13-cv-11006
MOCC STAFF MEMBER DANIEL HAHN, et al.,
Defendants.
MEMORANDUM OPINION AND ORDER
Before the Court is Plaintiff Joseph Eugene Howard’s Motion for Injunction (ECF No.
148). By Standing Order entered April 8, 2013, and filed in this case on May 14, 2013, this action
was referred to United States Magistrate Judge Dwane L. Tinsley for submission of proposed
findings and a recommendation (PF&R). Magistrate Judge Tinsley filed his PF&R (ECF No.
157) on May 4, 2017, recommending that this Court deny Plaintiff’s Motion for Injunction.
The Court is not 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). Failure to file
timely objections constitutes a waiver of de novo review and the Plaintiff’s right to appeal this
Court’s Order. 28 U.S.C. § 636(b)(1); see also Snyder v. Ridenour, 889 F.2d 1363, 1366 (4th Cir.
1989); United States v. Schronce, 727 F.2d 91, 94 (4th Cir. 1984). In addition, this Court need
not conduct a de novo review when a party “makes general and conclusory objections that do not
direct the Court to a specific error in the magistrate’s proposed findings and recommendations.”
Orpiano v. Johnson, 687 F.2d 44, 47 (4th Cir. 1982). Objections to the PF&R in this case were
due on May 22, 2017. To date, no objections have been filed.
Accordingly, the Court ADOPTS the PF&R (ECF No. 157) and DENIES Plaintiff’s
Motion for Injunction (ECF No. 148).
IT IS SO ORDERED.
The Court DIRECTS the Clerk to send a copy of this Order to counsel of record and any
unrepresented party.
ENTER:
2
May 31, 2017
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