Freeland v. Mount Olive Correctional Complex

Filing 7

ORDER accepting and incorporating the 5 Proposed Findings and Recommendation by Magistrate Judge and orders judgment consistent therewith; denying as moot the plaintiff's 4 Letter-Form Motion for Injunctive Relief; DISMISSES without prejudice his 1 Letter-Form Complaint for Injunctive Relief; and directing this action to be removed from the docket. Signed by Judge Joseph R. Goodwin on 10/16/2017. (cc: plaintiff; counsel of record; any unrepresented party) (taq)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
CHARLESTON DIVISION
ARON FREELAND,
Plaintiff,
v.

CIVIL ACTION NO. 2:17-cv-01561

MOUNT OLIVE CORRECTIONAL COMPLEX,
Defendant.

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 September 11, 2015, Judge Tinsley submitted his
Proposed Findings & Recommendations [ECF No. 5] (“PF&R”) and recommended
that the court DENY as moot the plaintiff’s Letter-Form Motion for Injunctive Relief
[ECF No. 4] and DISMISS as moot his Letter-Form Complaint for Injunctive Relief
[ECF No. 1]. Neither party timely filed objections to the PF&R nor sought an
extension of time. 1

In fact, after receiving a copy of the PF&R entered by Judge Tinsley, the plaintiff filed a motion
stating that he agreed with Judge Tinsley’s recommendation and requesting that his original
complaint be dismissed without prejudice. Mot. Dismiss [ECF No. 6].

1

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 as moot the plaintiff’s Letter-Form Motion for Injunctive Relief [ECF No. 4],
DISMISSES without prejudice his Letter-Form Complaint for Injunctive Relief [ECF
No. 1], 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: October 16, 2017