Workman v. Wexford MD et al

Filing 14

ORDER accepting and incorporating the 12 Proposed Findings and Recommendation by Magistrate Judge and orders judgment consistent therewith; denying as moot the 1 Application to Proceed without Prepayment of Fees and Costs and 6 Motion requesting counsel; the matter is DISMISSED without prejudice. Signed by Judge Joseph R. Goodwin on 5/2/2018. (cc: counsel of record; any unrepresented party) (taq)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
CHARLESTON DIVISION
JOHNNY EDWARD WORKMAN,
Plaintiff,
v.

CIVIL ACTION NO. 2:16-cv-12507

WEXFORD MD, et al.,
Defendants.

ORDER
Pending before the court is the plaintiff’s Application to Proceed Without
Prepayment of Fees and Costs [ECF No. 1], and Motion requesting that the court
appoint him counsel. Letter Form Mot. [ECF No. 6]. This action was referred to the
Honorable Judge Dwane L. Tinsley, United States Magistrate Judge, for submission
to this court of proposed findings of fact and recommendation for disposition,
pursuant to 28 U.S.C. § 636. On April 5, 2018, the Magistrate Judge submitted
findings of fact and recommended that the court deny the plaintiff’s Application, and
dismiss the action for failure to prosecute. Prop. Fin. & Rec. [ECF No. 12]. Neither
party has filed objections to the Magistrate Judge’s findings and recommendation.
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 plaintiff’s Application to Proceed Without
Prepayment of Fees and Costs [ECF No. 1], and Motion requesting counsel [ECF No.
6] are DENIED as moot. The matter is 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

May 2, 2018