Baker v. Young

Filing 9

MEMORANDUM OPINION AND ORDER: The Court ADOPTS the 8 Proposed Findings and Recommendation of the Magistrate Judge, and ORDERS that the Plaintiff's 1 Request to Waive Court Fees be DENIED, the Plaintiff's 3 Complaint be DISMISSED, and this matter be REMOVED from the Court's docket. Signed by Judge Irene C. Berger on 10/18/2016. (cc: Magistrate Judge Aboulhosn; attys; any unrepresented party) (slr)

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

JERRY BAKER,
Plaintiff,
v.

CIVIL ACTION NO. 5:14-cv-11951

DARREN YOUNG,
Defendant.

MEMORANDUM OPINION AND ORDER

On March 10, 2014, the Plaintiff, acting pro se, filed a Request to Waive Court Fees
(Document 1) and his Complaint (Document 3) in this matter.
By Standing Order (Document 4) entered on March 11, 2014, 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.
Subsequently, by Order (Document 6) entered on January 6, 2016, the case was referred to the
Honorable Omar J. Aboulhosn, United States Magistrate Judge, for submission to this Court of
proposed findings of fact and recommendation for disposition.
On September 23, 2016, Magistrate Judge Aboulhosn submitted a Proposed Findings and
Recommendation (Document 8) wherein it is recommended that this Court deny the Plaintiff’s
Request to Waive Court Fees (Document 1), dismiss the Plaintiff’s Complaint (Document 3), and

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remove this matter from the Court’s docket. Objections to the Magistrate Judge=s Proposed
Findings and Recommendation were due by October 11, 2016.
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 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 Request to Waive Court Fees (Document 1)
be DENIED, the Plaintiff’s Complaint (Document 3) be DISMISSED, and 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
Aboulhosn, counsel of record, and any unrepresented party.
ENTER:

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October 18, 2016