Foster v. The Calwell Practice

Filing 8

MEMORANDUM OPINION AND ORDER adopting and incorporating the 6 Proposed Findings and Recommendations by Magistrate Judge, directing that this action is dismissed. Signed by Judge John T. Copenhaver, Jr. on 5/18/2015. (cc: counsel of record; plaintiff) (tmh)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF WEST VIRGINIA
AT CHARLESTON
CARL C. FOSTER,
Plaintiff,
v.

Civil Action No. 2:14-29203

THE CALWELL PRACTICE,
Defendant.
MEMORANDUM OPINION AND ORDER
This action was previously referred to Dwane L.
Tinsley, United States Magistrate Judge, who has submitted his
Proposed Findings and Recommendations (“PF&R”) pursuant to the
provisions of 28 U.S.C. § 636(b)(1)(B).

The magistrate judge

recommends in his PF&R that the complaint be dismissed for lack
of subject matter jurisdiction.
On February 24, 2015, the PF&R was filed.
16, 2015, plaintiff filed his objections.

On March

The objections do not

address the deficiencies in the complaint identified by the
magistrate judge.

They state, in their totality, as follows:

Due to Health [sic] issues and economic hardship;
[sic] I Carl C. Foster am requesting this Court to
postpone all my hearings, procedures, and schedules.
My home life is suffering big time, and I need to
repair these fractures in my life. I am requesting
the Court grant me a year’s time to repair my

fractured health and social, home, and Family [sic]
life.
(Objecs. at 1).

Inasmuch as plaintiff offers no authority

supporting the exercise of subject matter jurisdiction, the
court is unauthorized to enter the requested stay or otherwise
retain jurisdiction over the case.

The objections are thus not

meritorious.
Following a de novo review, and having concluded that
the objections lack merit, it is ORDERED that the PF&R be, and
it hereby is, adopted and incorporated herein.

It is further

ORDERED that this action be, and hereby is, dismissed.
The Clerk is directed to send a copy of this written
opinion and order to counsel of record and plaintiff.
ENTER: May 18, 2015

John T. Copenhaver, Jr.
United States District Judge

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