Baldwin et al v. John Doe et al
Filing
43
MEMORANDUM OPINION AND ORDER: The Court ADOPTS and incorporated the findings and recommendation of the Magistrate Judge as contained in the 41 Proposed Findings and Recommendation, and Directs that Defendants' 25 Motion to Dismiss or in t he Alternative Motion for Summary Judgment be GRANTED, that the 1 Plaintiff's Complaint be DISMISSED, and that this action be REMOVED from the Court's docket. Signed by Judge Irene C. Berger on 4/21/2011. (cc: attys; any unrepresented party) (mls)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
BECKLEY DIVISION
CURTIS E. CRAWFORD,
Plaintiff,
v.
CIVIL ACTION NO. 5:06-cv-00093
JOHN DOE, et al.,
Defendants.
MEMORANDUM OPINION AND ORDER
This action began with the pro-se filing by the Plaintiff of a Motion for Emergency Injunction
and Restrainment Order; Complaint Pursuant to 42 U.S.C. § 1983 (Document No. 1) on February
7, 2006 (hereinafter Complaint.)
By Standing Order (Document No. 3) entered on February 7, 2006, this action was referred
to the Honorable R. Clarke VanDervort, 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
December 3, 2009, the Magistrate Judge submitted Proposed Findings and Recommendation
(Document No. 41) wherein it is recommended that this Court grant the Defendant’s motion to
dismiss, dismiss the Plaintiff’s Complaint, and remove this matter from the Court’s docket.
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 the 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).
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’ Motion to Dismiss or in the Alternative Motion for Summary Judgment (Document
No. 25) be GRANTED, that the Plaintiff’s Complaint (Document No. 1) be DISMISSED, and that
this action be REMOVED from the Court’s Docket.
The Court DIRECTS the Clerk to send a certified copy of this Order to Magistrate Judge
VanDervort, counsel of record, and any unrepresented party.
ENTER:
-2-
April 21, 2011
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