Portee v. United States Department of Agriculture et al

Filing 28

MEMORANDUM OPINION AND ORDER adopting 26 Proposed Findings and Recommendations; denying Plaintiff's 19 MOTION for Entry of Default Judgment Pursuant to Rule 55(b)(1), FRCivP. Signed by Judge Thomas E. Johnston on 5/24/2017. (cc: attys; any unrepresented party) (tmr)

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

ANDRE JAVION PORTEE
Plaintiff,
v.

CIVIL ACTION NO. 2:15-cv-13928

UNITED STATES DEPARTMENT
OF AGRICULTURE, et al.,
Defendants.

MEMORANDUM OPINION AND ORDER
Before the Court is Plaintiff Andre Javion Portee’s (“Plaintiff”) Motion for Entry of Default
Judgment (ECF No. 19). By Standing Order entered May 7, 2014, and filed in this case on
October 13, 2015, 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 No. 26) on April 24, 2017, recommending that this Court deny Plaintiff’s Motion.
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 Plaintiff’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 in this case were
due on May 11, 2017. To date, no objections have been filed.1
Accordingly, the Court ADOPTS the PF&R (ECF No. 26) and DENIES the Motion for
Entry of Default Judgment (ECF No. 19).
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:

May 24, 2017

On May 5, 2017, Plaintiff filed a document purporting to be a “non-objection” (ECF No. 27). This filing discusses
the case, but does not comment on the PF&R.
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