Freeland v. Ballard et al

Filing 21

MEMORANDUM OPINION AND ORDER adopting the 15 Proposed Findings and Recommendations by Magistrate Judge, granting Plaintiff's 5 MOTION to Withdraw #3 Requested Relief in this Civil Action, and directing that the third prayer for relief in the 2 COMPLAINT is withdrawn. Signed by Judge Thomas E. Johnston on 2/4/2016. (cc: counsel of record; any unrepresented party) (tmh)

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

ELI WAYNE FREELAND,
Plaintiff,
v.

CIVIL ACTION NO. 2:14-cv-29445

DAVID BALLARD, et al.,
Defendants.

MEMORANDUM OPINION AND ORDER

Pending before the Court is Plaintiff’s Motion to Withdraw #3 Requested Relief in this
Civil Action (the “Motion”). (ECF No. 5.) By Standing Order entered on May 7, 2014 and filed in
this case on December 9, 2014, this civil action was referred to United States Magistrate Judge
Dwane L. Tinsley for submission of proposed findings and recommendations for disposition
(“PF&R”). (ECF No. 4.) Magistrate Judge Tinsley filed a PF&R on January 11, 2016, in which he
recommends that the Court grant the Motion. (ECF No. 15 at 2.)
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 proposed findings or
recommendations 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 a party’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).

Objections to the January 11, 2016 PF&R were due by January 28, 2016. (See ECF No. 15
at 2‒3.) To date, no objections have been filed.
Accordingly, the Court ADOPTS the January 11, 2016 PF&R, (ECF No. 15), and
GRANTS Plaintiff’s Motion, (ECF No. 5). The Court therefore ORDERS that the following third
prayer for relief in the Complaint is WITHDRAWN:
Plaintiff wishes for an order [d]irected to the West Virginia Department of
Corrections stateing [sic] that [Plaintiff] [b]e [t]ransferred [f]or [h]is safety and well
[b]eing to the “Northern Correctional Center” [a]s soon [a]s possiable [sic] do [sic]
to the many threats [a]gainst [h]is life [a]nd to prevent injury [a]nd or [d]eath.
(ECF No. 2 at 23.)
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:

February 4, 2016