Thompson v. Wilshire

Filing 22

MEMORANDUM OPINION AND ORDER adopting the 17 Proposed Findings and Recommendation; denies without prejudice the 12 MOTION by S. Wilshire to Dismiss 2 Complaint in Lieu of an Answer and Plaintiff is permitted to file his 18 Amended Complaint. Signed by Judge Joseph R. Goodwin on 3/5/2025. (cc: counsel of record; any unrepresented party) (lca) (Modified on 3/5/2025 to update document type) (ts).

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
CHARLESTON DIVISION
MAURICE-EDWARD: THOMPSON,
Plaintiff,
v.

CIVIL ACTION NO. 2:24-cv-00268

S. WILSHIRE,
Defendant.

MEMORANDUM OPINION AND ORDER
This action was referred to United States Magistrate Judge Dwane L. Tinsley for
submission of proposed findings of fact and recommendations for disposition pursuant to 28
U.S.C. § 636. On February 12, 2025, Magistrate Judge Tinsley submitted his Proposed Findings
& Recommendations [ECF No. 17] (“PF&R”) and recommended that Defendant’s motion be
denied without prejudice, and Plaintiff be granted a reasonable period of time from the presiding
District Judge’s adjudication of the instant PF&R to file an amended complaint. Plaintiff filed his
Amended Complaint on February 24, 2025 [ECF No.18].
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 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 in this case, the court adopts and incorporates
herein the PF&R. Defendant’s motion is DENIED without prejudice, and Plaintiff is permitted
to file his Amended Complaint [ECF No. 18].
The court DIRECTS the Clerk to send a copy of this Memorandum Opinion and Order to
counsel of record and any unrepresented party.
ENTER:

March 5, 2025