Martinez v. United States of America et al

Filing 4

MEMORANDUM OPINION AND ORDER: The Court ADOPTS and incorporates herein the findings and recommendation of the Magistrate Judge as contained in the 3 Proposed Findings and Recommendation, and ORDERS that the Plaintiff's 1 Complaint be DISMISSED and that this matter be REMOVED from the Court's docket. Signed by Judge Irene C. Berger on 12/6/2013. (cc: USMJ VanDervort; attys; any unrepresented party) (msa)

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

EWIN OSCAR MARTINEZ,
Plaintiff,
v.

CIVIL ACTION NO. 5:11-cv-00040

UNITED STATES OF AMERICA, et al.,
Defendants.

MEMORANDUM OPINION AND ORDER

The Court has reviewed the Plaintiff=s Complaint (Document 1) filed on January 18, 2011.
By Standing Order (Document 2) entered on January 19, 2011, 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 November 13, 2013, the Magistrate Judge submitted a Proposed Findings and
Recommendation (Document 3) wherein it is recommended that this Court dismiss the Plaintiff’s
Complaint and remove this matter from the Court’s docket. Objections to the Magistrate Judge=s
Proposed Findings and Recommendation were due by December 2, 2013.
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).
1

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 1) be DISMISSED
and that 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
VanDervort, counsel of record, and any unrepresented party.
ENTER:

2

December 6, 2013