Savio v. Wilson et al

Filing 23

MEMORANDUM OPINION AND ORDER; adopting and incorporating 20 Proposed Findings and Recommendations; granting Defendant's 4 MOTION to Dismiss Plaintiffs Complaint; directing that the Plaintiff's [1-1] Complaint be dismissed and that this matter be removed from the Court's docket. Signed by Judge Irene C. Berger on 11/17/2021. (cc: certified to Mag. Judge Aboulhosn, counsel of record, any unrepresented party) (tmr)

Case 2:21-cv-00480 Document 23 Filed 11/17/21 Page 1 of 2 PageID #: 448

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

CIVIL ACTION NO. 2:21-cv-00480

SHANNON WILSON, et al.,
Defendants.

MEMORANDUM OPINION AND ORDER
The Plaintiff’s Complaint (Document 1-1) was filed in the Circuit Court of Wood County, West
Virginia, on July 20, 2021. The matter was removed to the United States District Court for the Southern
District of West Virginia on August 27, 2021.
Pending in the matter are Defendants Parkersburg Acquisition LLC d/b/a Stonerise Parkersburg
and Shannon Wilson’s Rule 12(b)(6) Motion to Dismiss Plaintiff’s Complaint, or, in the Alternative, Motion
for Summary Judgment (Document 1-4 at 31-36) and Defendant Aetna Inc.’s Motion to Dismiss Plaintiff’s
Complaint (Document 4).
By Administrative Order (Document 2) entered on August 31, 2021, the matter was referred to the
Honorable Omar J. Aboulhosn, United States Magistrate Judge, for submission to this Court of proposed
findings of fact and recommendation for disposition, pursuant to 28 U.S.C. § 636. On October 19, 2021,
the Magistrate Judge submitted a Proposed Findings and Recommendation (Document 20) wherein it is
recommended that this Court grant Defendants Parkersburg Acquisition LLC d/b/a Stonerise Parkersburg
and Shannon Wilson’s Rule 12(b)(6) Motion to Dismiss Plaintiff’s Complaint, or, in the Alternative, Motion
for Summary Judgment (Document 1-4 at 31-36) and Defendant Aetna Inc.’s Motion to Dismiss Plaintiff’s

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Case 2:21-cv-00480 Document 23 Filed 11/17/21 Page 2 of 2 PageID #: 449

Complaint (Document 4). Objections to the Magistrate Judge’s Proposed Findings and Recommendation
were due by November 5, 2021.
Neither party has timely filed objections to the Magistrate Judge’s Proposed Findings and
Recommendation. 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 a party’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).
Accordingly, the Court ADOPTS and incorporates herein the findings and recommendation of the
Magistrate Judge as contained in the Proposed Findings and Recommendation, and ORDERS that
Defendants Parkersburg Acquisition LLC d/b/a Stonerise Parkersburg and Shannon Wilson’s Rule 12(b)(6)
Motion to Dismiss Plaintiff’s Complaint, or, in the Alternative, Motion for Summary Judgment (Document
1-4 at 31-36) be GRANTED and Defendant Aetna Inc.’s Motion to Dismiss Plaintiff’s Complaint
(Document 4) be GRANTED.
The Court further ORDERS that the Plaintiff’s Complaint (Document 1-1) be DISMISSED and
that this matter be REMOVED from the Court’s docket.
The Court DIRECTS the Clerk to send a certified copy of this Order to Magistrate Judge
Aboulhosn, counsel of record, and any unrepresented party.
ENTER:

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November 17, 2021