Crangle et al v. State of West Virginia et al

Filing 20

MEMORANDUM OPINION AND ORDER adopting the 19 Proposed Findings and Recommendation by Magistrate Judge; dismissing without prejudice the 1 Complaint; and directing this matter removed from the Court's docket. Signed by Judge Thomas E. Johnston on 6/14/2017. (cc: counsel of record; any unrepresented party) (taq)

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

JAMES CRANGLE,
Plaintiff,
v.

CIVIL ACTION NO. 2:15-cv-14564

STATE OF WEST VIRGINIA, et al.,
Defendants.

MEMORANDUM OPINION AND ORDER
Before the Court is Plaintiff’s pro se Complaint. (ECF No. 1.) By Standing Order filed
in this case on November 2, 2015, this action was referred to United States Magistrate Judge
Dwane L. Tinsley for submission of proposed findings and a recommendation for disposition
(“PF&R”).

(ECF No. 4.)

Magistrate Judge Tinsley filed a PF&R on May 24, 2017,

recommending that this Court dismiss Plaintiff’s Complaint without prejudice for failure to state
a claim upon which relief can be granted, pursuant to 28 U.S.C. § 1915A, and for failure to
prosecute under Federal Rule of Civil Procedure 41(b). (ECF No. 19.)
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).

Objections to the PF&R in this case were due on June 12, 2017. To date, no objections
have been filed. Accordingly, the Court ADOPTS the PF&R, (ECF No. 19), DISMISSES
WITHOUT PREJUDICE the Complaint, (ECF No. 1), and DIRECTS the Clerk to remove this
matter from the Court’s docket.
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:

June 14, 2017