Lowe v. Ballard et al

Filing 178

ORDER directing that the court adopts and incorporates herein the 164 PF&R and orders judgment on the 158 Motion consistent therewith. Signed by Judge Joseph R. Goodwin on 7/29/2021. (cc: counsel of record; any unrepresented party) (btm)

Case 2:17-cv-03929 Document 178 Filed 07/30/21 Page 1 of 2 PageID #: 1430
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
CHARLESTON DIVISION
KEITH LOWE,
Plaintiff,
v.

CIVIL ACTION NO. 2:17-cv-03929

RONNIE WILLIAMS,
Defendant.

ORDER
Plaintiff Keith Lowe’s Motion for Order Instructing MOCC Officials to Provide
Plaintiff Access to Word Processor and Disks [ECF No. 158] was referred to
Magistrate Judge Dwane L. Tinsley for disposition. On May 27, 2021, Judge Tinsley
submitted his Proposed Findings and Recommendations (“PF&R”) recommending
that the Motion be denied. Plaintiff has not made any objections to the PF&R and the
deadline to do so has passed. Defendant Ronnie Williams makes no objection to the
PF&R but did file an explanatory brief for the record in which he states that the word
processor Mr. Lowe sought to access had been mailed out of the Mount Olive
Correctional Complex by Mr. Lowe himself to avoid confiscation after being
disciplined for possessing contraband and attempting to escape. [ECF No. 166].
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

Case 2:17-cv-03929 Document 178 Filed 07/30/21 Page 2 of 2 PageID #: 1431
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, the court adopts and incorporates
herein the PF&R and orders judgment on the Motion [ECF No 158] consistent
therewith.
The court DIRECTS the Clerk to send a copy of this Order to counsel of record
and any unrepresented party.
ENTER:

2

July 29, 2021