Medrano v. Berkebile et al
MEMORANDUM OPINION ORDER: The Court ADOPTS and incorporates herein the findings and recommendation of the Magistrate Judge as contained in the 47 Proposed Findings and Recommendation, and ORDERS that the Defendants' 37 Motion to Dismiss, o r in the Alternative, Motion for Summary Judgment be GRANTED and that this matter be DISMISSED. The Clerk is directed to REMOVE this matter from the Court's docket.Signed by Judge Irene C. Berger on 08/30/2011. (cc: USMJ VanDervort; attys; any unrepresented party) (mls)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
CIVIL ACTION NO. 5:09-cv-01305
DAVID BERKEBILE, et al.,
MEMORANDUM OPINION AND ORDER
ADOPTING PROPOSED FINDINGS AND RECOMMENDATION
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(b)(1)(B). The Magistrate Judge has submitted findings of fact
(Document 47) and recommended that the Court grant Defendants’ Motion to Dismiss, or in the
Alternative, Motion for Summary Judgment Motion (Document 37).
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 Petitioner’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 37) be GRANTED and that this matter be DISMISSED. The Clerk is directed to
REMOVE this matter from the Court’s docket.
The Court DIRECTS the Clerk to send a certified copy of this Memorandum Opinion and
Order to Magistrate Judge VanDervort, to counsel of record and to any unrepresented party.
August 30, 2011
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