Wade v. Hutchison et al

Filing 13

MEMORANDUM OPINION AND ORDER: The Court ADOPTS and incorporates the findings and recommendation of the Magistrate Judge as contained in the 11 Proposed Findings and Recommendations, and ORDERS that Plaintiff's 1 Application to Proceed without Prepayment of Fees is DENIED and Plaintiff's 3 Complaint is DISMISSED, and this matter is REMOVED from the Court's docket. Signed by Judge Irene C. Berger on 2/26/2013. (cc: Judge VanDervort; attys; any unrepresented party) (msa)

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

MATTHEW S. WADE,
Plaintiff,
v.

CIVIL ACTION NO. 5:12-cv-00241

JOHN A. HUTCHINSON, et al.,
Defendants.

MEMORANDUM OPINION AND ORDER

The Court has reviewed the Plaintiff=s Complaint (Document 3) and Application to
Proceed Without Prepayment of Fees (Document 1).
By Standing Order (Document 4) entered on February 6, 2012, 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 February 8, 2013, the Magistrate Judge submitted a Proposed Findings and Recommendation
(Document 11) wherein it is recommended that this Court deny the Plaintiff’s Application to
Proceed Without Prepayment of Fees, 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 February 25, 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
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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 the Plaintiff’s Application to Proceed Without Prepayment
of Fees (Document 3) is DENIED, the Plaintiff=s Complaint (Document 3) is DISMISSED, and
this matter is 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:

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February 26, 2013