Dement v. Ballard

Filing 5

MEMORANDUM OPINION AND ORDER adopting the 4 Proposed Findings and Recommendation by Magistrate Judge and FINDS that Plaintiff has failed to prosecute this case; DISMISSES this civil action WITHOUT PREJUDICE and DIRECTS the Clerk to remove this matter from the Court's docket. Signed by Judge Thomas E. Johnston on 7/12/2018. (cc:counsel of record; any unrepresented party) (taq)

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

KEITH ALLEN DEMENT,
Plaintiff,
v.

CIVIL ACTION NO. 2:17-cv-02711

DAVID BALLARD,
Warden,
Defendant.

MEMORANDUM OPINION AND ORDER
Pending before the Court is Plaintiff’s Complaint under 42 U.S.C. § 1983. (ECF No. 1.)
By Standing Order filed in this case on May 4, 2017, this action was referred to United States
Magistrate Judge Dwane L. Tinsley for submission of proposed findings and a recommendation
for disposition (“PF&R”).

Magistrate Judge Tinsley filed his PF&R on June 21, 2018,

recommending that this Court find that Plaintiff has failed to prosecute this civil action and dismiss
this case without prejudice. (ECF No. 4.)
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). In addition, this Court need

not conduct a de novo review when a party “makes general and conclusory objections that do not
direct the Court to a specific error in the magistrate’s proposed findings and recommendations.”
Orpiano v. Johnson, 687 F.2d 44, 47 (4th Cir. 1982).
Objections to the PF&R in this case were due on July 9, 2018. To date, no objections have
been filed. Accordingly, the Court ADOPTS the PF&R, (ECF No. 4), and FINDS that Plaintiff
has failed to prosecute this case. The Court further DISMISSES this civil action WITHOUT
PREJUDICE 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:

2

July 12, 2018