Wade v. Huttonsville Correctional Center
Filing
7
MEMORANDUM OPINION AND ORDER adopting the 6 Proposed Findings and Recommendation by the Magistrate Judge; directing that this case be TRANSFERRED pursuant to 28 U.S.C. § 1406(a) to the United States District Court for the Northern District of West Virginia, Elkins Division, for further proceedings, and directing this case removed from the Court's docket. Signed by Judge Thomas E. Johnston on 10/30/2014. (cc: plaintiff; attys; any unrepresented party) (taq)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
CHARLESTON DIVISION
MATTHEW STUART WADE,
Plaintiff,
v.
CIVIL ACTION NO. 2:14-cv-25164
HUTTONSVILLE CORRECTIONAL CENTER,
Defendant.
MEMORANDUM OPINION AND ORDER
Before the Court is Plaintiff’s pro se Complaint [ECF 1]. By Standing Order entered May
7, 2014, and filed in this case on August 29, 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 [ECF 6] on September 30, 2014,
recommending that this Court find that pursuant to 28 U.S.C. § 1406(a) the interests of justice
weigh in favor transferring this case to the United States District Court for the Northern District of
West Virginia, Elkins Division.
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 Petitioner’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 were due on
October 17, 2014. To date, no objections have been filed.
Accordingly, the Court ADOPTS the PF&R [ECF 6], ORDERS that this case be
TRANSFERRED pursuant to 28 U.S.C. § 1406(a) to the United States District Court for the
Northern District of West Virginia, Elkins Division for further proceedings, and DIRECTS the
Clerk to remove this case from the Court’s docket.
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
October 30, 2014
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