Justice v. Hinchman

Filing 23

MEMORANDUM OPINION AND ORDER adopting the 21 Proposed Findings and Recommendation by Magistrate Judge; granting 12 Motion filed by Dr. Hinchman to dismiss or, in the alternative, motion for summary judgment; and DISMISSES this action; the Clerk to remove this action from the docket of the Court. Signed by Judge Thomas E. Johnston on 7/27/2018. (cc: counsel of record; any unrepresented party) (taq)

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

HOWARD LEE JUSTICE, JR.
Plaintiff,
v.

CIVIL ACTION NO. 2:17-cv-02369

SOUTH CENTRAL REGIONAL JAIL
MEDICAL UNIT, et al.,
Defendants.

MEMORANDUM OPINION AND ORDER
Pending before the Court is Defendant Dr. Hinchman’s (“Dr. Hinchman”) motion to
dismiss, or in the alternative, motion for summary judgment. (ECF No. 12.) By Standing Order
entered in this case on April 17, 2017, this action was referred to United States Magistrate Judge
Dwane L. Tinsley for submission of Proposed Findings of Fact and Recommendations for
Disposition (“PF&R”). (ECF No. 3.) Magistrate Judge Tinsley filed his PF&R on May 2, 2018,
recommending that this Court grant Dr. Hinchman’s motion and dismiss this civil action pursuant
to Federal Rule of Civil Procedure 12(b)(6), 42 U.S.C. 1997e(a), and West Virginia Code §§ 251A-2(c) and 55-7B-6. (See ECF No. 21.)
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 were due on May 21, 2018. To date, no objections have been
filed. Accordingly, the Court ADOPTS the PF&R, (ECF No. 21), GRANTS Dr. Hinchman’s
motion to dismiss or, in the alternative, motion for summary judgment, (ECF No. 12), and
DISMISSES this action. The Court further DIRECTS the Clerk to remove this action from the
docket of the Court.
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:

July 27, 2018