Harper v. Barbagallo et al
Filing
11
MEMORANDUM OPINION AND ORDER adopting the 9 Proposed Findings and Recommendations by Magistrate Judge, and denying Plaintiff's 6 for Preliminary Injunction and/or Temporary Restraining Order. Signed by Judge Thomas E. Johnston on 8/25/2014. (cc: attys; any unrepresented party; plaintiff) (tmh)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
CHARLESTON DIVISION
CEDEAL HARPER,
Plaintiff,
v.
CIVIL ACTION NO. 2:14-cv-07529
C.O. JOSEPH BARBAGALLO, et al.,
Defendants.
MEMORANDUM OPINION AND ORDER
Pending before the Court are Plaintiff’s motions for a preliminary injunction and
restraining order [ECF 6]. By Standing Order entered on April 8, 2013, and filed in this case on
February 7, 2014, 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 on August 5, 2014, recommending that this Court deny Plaintiff’s motions for a
preliminary injunction and restraining order.
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 August 22, 2014. To date, no objections have been filed.
Accordingly the Court ADOPTS the PF&R and DENIES Plaintiff’s motions for a
preliminary injunction and restraining order [ECF 6].
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
August 25, 2014
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