Maliki v. Vienna WV Police Department et al

Filing 6

ORDER: The Court ADOPTS the 5 PF&R and DISMISSES Plaintiff's 2 Complaint for failure to state a claim. The Court further DIRECTS the Clerk to remove this matter from the Court's docket. Signed by Judge Thomas E. Johnston on 8/10/2020. (cc: counsel of record; any unrepresented party) (mk)

Case 2:19-cv-00214 Document 6 Filed 08/10/20 Page 1 of 2 PageID #: 20

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
CHARLESTON DIVISION
MAJED ABDULLAH MALIKI,
Plaintiff,
v.

CIVIL ACTION NO. 2:19-cv-00214

VIENNA WV POLICE DEPARTMENT, et al.,
Defendants.

ORDER
Before the Court is Plaintiff Majed Abdullah Maliki’s (“Plaintiff”) Complaint. (ECF No.
2.) By standing order entered on January 4, 2016, and filed in this case on March 25, 2019, (ECF
No. 3), 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
entered his PF&R on July 6, 2020, recommending this Court dismiss Plaintiff’s Complaint for
failure to state a claim upon which relief may be granted. (ECF No. 5.)
This Court is not required to review, de novo or under any other standard, factual or legal
conclusions contained within the PF&R to which no objections were addressed. Thomas v. Arn,
474 U.S. 140, 150 (1985). Failure to file timely objections constitutes a waiver of de novo review
and 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
1

Case 2:19-cv-00214 Document 6 Filed 08/10/20 Page 2 of 2 PageID #: 21

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 23, 2020. To date, no objections
have been filed. Accordingly, the Court ADOPTS the PF&R, (ECF No. 5), and DISMISSES
Plaintiff’s Complaint for failure to state a claim. The Court further 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

August 10, 2020