Fisher v. Hall et al

Filing 11

VACATED PURSUANT TO THE COURT'S 12 ORDER ENTERED 9/12/2017: ORDER accepting and incorporating the 10 Proposed Findings and Recommendations by Magistrate Judge; denying plaintiff's 7 Motion to Proceed to Halt and Postpone Any Orders & Injunction; dismissing this case and directing that this action be removed from the docket. Signed by Judge Joseph R. Goodwin on 9/12/2017. (cc: counsel of record; any unrepresented party) (mks) (Modified on 9/12/2017 to note the order is vacated) (taq).

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA CHARLESTON DIVISION THOMAS J. FISHER, II Plaintiff, v. CIVIL ACTION NO. 2:16-cv-12257 LISA M. HALL, 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 August 25, 2017, Judge Tinsley submitted his Proposed Findings & Recommendations [ECF No. 10] (“PF&R”) and recommended that the court DENY the plaintiff’s Motion to Proceed to Halt and Postpone Any Orders & Injunction [ECF No. 7] and DISMISS this civil action for lack of subject matter jurisdiction pursuant to Rule 12(h)(3) of the Federal Rules of Civil Procedure or, in the alternative, DISMISS the Complaint, without prejudice, for failure to state a claim upon which relief can be granted. Neither party timely filed objections to the PF&R nor sought an extension of time. A district court “shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made.” 28 U.S.C. § 636(b)(1)(C). This court is not, however, 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 in this case, the court accepts and incorporates herein the PF&R and orders judgment consistent therewith. The court DENIES the plaintiff’s Motion to Proceed to Halt and Postpone Any Orders & Injunction [ECF No. 7], DISMISSES the case, and DIRECTS this action to be removed from the docket. The court DIRECTS the Clerk to send a copy of this Order to counsel of record and any unrepresented party. ENTER: 2 September 12, 2017

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