Wright v. Marshall et al
Filing
8
MEMORANDUM OPINION AND ORDER adopting and incorporating the 7 Proposed Findings and Recommendations by Magistrate Judge Aboulhosn; directing that the Plaintiff's 2 Complaint be DISMISSED WITHOUT PREJUDICE and this matter be REMOVED from the Court's docket. Signed by Judge Irene C. Berger on 1/27/2025. (cc: Magistrate Judge Aboulhosn; counsel of record; any unrepresented party) (jsa)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
CHARLESTON DIVISION
EDWARD WRIGHT,
Plaintiff,
v.
CIVIL ACTION NO. 2:24-cv-00490
WILLIAM K. MARSHALL, et al.,
Defendants.
MEMORANDUM OPINION AND ORDER
On September 9, 2024, the Plaintiff, proceeding pro se, filed his Complaint (Document 2)
in this matter. By Administrative Order (Document 3) entered on September 10, 2024, this action
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 January 3, 2025, the Magistrate Judge submitted a Proposed Findings and
Recommendation (Document 7) wherein it is recommended that this Court dismiss the Plaintiff’s
Complaint without prejudice and remove this matter from the Court’s docket. Objections to the
Magistrate Judge’s Proposed Findings and Recommendation were due by January 21, 2025.
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
1
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 the Plaintiff’s Complaint (Document 2) be DISMISSED
WITHOUT PREJUDICE and 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:
2
January 27, 2025
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