Roberts v. Ace et al

Filing 7

ORDER accepting and incorporating the 5 Proposed Findings and Recommendations by Magistrate Judge; the plaintiff has wholly failed to prosecute this civil action; and directing that the case is dismissed without prejudice. Signed by Judge Joseph R. Goodwin on 6/14/2017. (cc: counsel of record; any unrepresented party) (mks)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
CHARLESTON DIVISION
JAMES ADAM ROBERTS,
Plaintiff,
v.

CIVIL ACTION NO. 2:15-cv-02268

M.O.C.C. CO ACE, 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 22, 2016, Judge Tinsley submitted his Proposed
Findings and Recommendation [ECF No. 5] (“PF&R”). The PF&R recommends that
this case be DISMISSED without prejudice for failure to prosecute. No party filed
objections to the PF&R.
This 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). Because the parties have not filed objections, the court
ACCEPTS and INCORPORATES the PF&R and orders judgment consistent
therewith. Accordingly, the court FINDS that the plaintiff has wholly failed to

prosecute this civil action, and the court ORDERS that the case is hereby
DISMISSED without prejudice.
The court DIRECTS the Clerk to send a copy of this Order to counsel of record
and any unrepresented party.
ENTER:

2

June 14, 2017