Searcy v. Wimmer

Filing 49

ORDER accepting and incorporating the 45 Proposed Findings and Recommendation by Magistrate Judge, and orders judgment consistent therewith; granting the 21 Motion to Dismiss the Amended Complaint filed by Major Rhodes, David Ballard. Signed by Judge Joseph R. Goodwin on 8/11/2016. (cc: counsel of record; any unrepresented party) (taq)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
CHARLESTON DIVISION
WEBB BARRON SEARCY, JR.,
Plaintiff,
v.

CIVIL ACTION NO. 2:14-cv-15045

DAVID BALLARD, et al.,
Defendants.

ORDER
This action was referred to United States Magistrate Judge Dwane L. Tinsley
for submission of proposed findings of fact and recommendations for disposition
pursuant to 28 U.S.C. § 636. On July 20, 2016, Judge Tinsley submitted his Proposed
Findings and Recommendations [ECF No. 45] (“PF&R”). The PF&R recommends the
court GRANT the Motion to Dismiss the Amended Complaint filed by Ballard and
Rhodes [ECF No. 21]. No party filed objections—timely or otherwise—to the PF&R.
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

1

as to those portions of the findings or recommendation to which no objections are
addressed. Thomas v. Arn, 474 U.S. 140, 150 (1985).
Because the parties have not filed objections, the court ACCEPTS and
INCORPORATES herein the PF&R and orders judgment consistent therewith.
Accordingly, the court GRANTS the Motion to Dismiss the Amended Complaint filed
by Ballard and Rhodes [ECF No. 21].
The court DIRECTS the Clerk to send a copy of this Order to counsel of record
and any unrepresented party.
ENTER:

2

August 11, 2016