Stevens v. Appalachian Electric Power, Inc.

Filing 33

MEMORANDUM OPINION AND ORDER adopting the 32 Proposed Findings and Recommendation by Magistrate Judge; granting defendant's 30 Motion for Summary Judgment; and directing that this action be DISMISSED WITH PREJUDICE. Signed by Judge Thomas E. Johnston on 6/6/2017. (cc: counsel of record; any unrepresented party) (taq)

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

GOLDIE STEVENS, et al.,
Plaintiffs,
v.

CIVIL ACTION NO. 2:15-cv-09714

APPALACHIAN POWER COMPANY,
Defendant.

MEMORANDUM OPINION AND ORDER
Before the Court is Defendant Appalachian Power Company’s unopposed Motion for
Summary Judgment.

(ECF No. 30.)

Because Plaintiffs proceed pro se, this action was

previously referred to United States Magistrate Judge Dwane L. Tinsley for submission of
proposed findings and a recommendation for disposition (“PF&R”). Magistrate Judge Tinsley
filed his PF&R on May 8, 2017, recommending that the Court grant the summary judgment motion
and dismiss this matter with prejudice. (ECF No. 32.)
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 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 PF&R in this case were due on May 25, 2017. To date, no objections
have been filed. The Court therefore ADOPTS the PF&R (ECF No. 32), GRANTS Defendant’s
Motion for Summary Judgment (ECF No. 30), and ORDERS that this action be DISMISSED
WITH PREJUDICE.
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

June 6, 2017