Mills v. East Gulf Coal Preparation Company, LLC et al

Filing 187

ORDER: adopting the 186 Proposed Findings and Recommendations by Magistrate Judge, and DENYING 179 Motion for Reinstatement filed by Isreal Mills. Signed by Judge Irene C. Berger on 3/14/2011. (cc: attys; any unrepresented party) (slr)

Mills v. East Gulf Coal Preparation Company, LLC et al

Doc. 187

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA BECKLEY DIVISION

ISREAL MILLS, Plaintiff, v. EAST GULF COAL PREPARATION COMPANY, LLC, et al., Defendants. CIVIL ACTION NO. 5:08-cv-00260

ORDER

The Court has reviewed Plaintiff's Motion for Reinstatement [Docket 179]. By Order of Reference [Docket 182] entered October 18, 2010, the Court referred this matter to United States Magistrate Judge R. Clarke VanDervort for disposition. Magistrate Judge VanDervort filed Proposed Findings and Recommendation (PF&R) on February 22, 2011 [Docket 186]. In that filing, Magistrate Judge VanDervort recommended that the undersigned deny Plaintiff's motion. 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). In addition, failure to file timely objections constitutes a waiver of de novo review and Petitioner's right to appeal this Court's order. See Snyder v. Ridenour, 889 F.2d 1363, 1366 (4th Cir. 1989); United States v. Schronce, 727 F.2d 91, 94 (4th Cir. 1984).

Dockets.Justia.com

Here, objections to Magistrate Judge VanDervort's PF&R were due by March 11, 2011, pursuant to 28 U.S.C. § 636(b)(1) and Fed. R. Crim. P. 59. To date, no party has filed any objections to the Magistrate Judge's Proposed Findings and Recommendation. 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 Plaintiff's Motion for Reinstatement [Docket 179] be DENIED. The Court DIRECTS the Clerk to send a copy of this Order to counsel of record and any unrepresented party. ENTER: March 14, 2011

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