Roddy v. Plumley et al

Filing 7

ORDER accepting and incorporating the 6 Proposed Findings and Recommendation of the Magistrate Judge and orders judgment consistent with the findings and recommendations; the court DISMISSES this action for failure to prosecute and DIRECTS this action to be removed from the docket. Signed by Judge Joseph R. Goodwin on 8/6/2014. (cc: petitioner; attys; any unrepresented party) (taq)

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

BOBBY EUGENE RODDY,
Plaintiff,
v.

CIVIL ACTION NO. 2:14-cv-13604

HUTTONSVILLE CORRECTIONAL CENTER, et al.,
Defendants.

ORDER
This action 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). The Magistrate Judge has submitted findings of
fact and has recommended that the court DISMISS this action for failure to prosecute, pursuant to
Rule 41(b) of the Federal Rules of Civil Procedure. Objections to the Magistrate Judge’s findings
and recommendations were due on or before July 31, 2014. 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 this action for failure to prosecute
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:

2

August 6, 2014