Wilson v. Hudson et al

Filing 133

ORDER accepting and incorporating the 132 Proposed Findings and Recommendation of the Magistrate Judge and orders judgment consistent with the findings and recommendation; granting the defendants' 116 Motion for Summary Judgment; this case is DISMISSED and STRICKEN from the docket of this court. Signed by Judge Joseph R. Goodwin on 8/20/2015. (cc: plaintiff, pro se; counsel of record; any unrepresented party) (taq)

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

ANDRE` WILSON
Plaintiff,
v.

CIVIL ACTION NO. 2:13-cv-20692

CO ANDREW HUDSON, et al.,
Defendants.

ORDER

Pending before this court is the defendants’ Motion for Summary Judgment [Docket 116].
The Motion for Summary Judgment was referred to the Honorable Dwane L. Tinsley, 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) (2012). On July 30, 2015,
the Magistrate Judge submitted findings of fact and a recommendation that the court GRANT the
Motion for Summary Judgment and dismiss this matter from the docket.
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.” § 636(b)(1)(C). The 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
recommendation. Accordingly, the court GRANTS the Motion for Summary Judgment [Docket
116]. The case is DISMISSED and hereby STRICKEN from the docket of this court.
The court DIRECTS the Clerk to send a copy of this Order to counsel of record and any
unrepresented party.

ENTER:

August 20, 2015