Murphy v. Francis et al

Filing 13

MEMORANDUM OPINION AND ORDER: The Court ADOPTS the 12 Proposed Findings and Recommendation by the Magistrate Judge, and ORDERS that the Plaintiff's 4 Application to Proceed without Prepayment of Fees or Costs be DENIED, the Plaintiff's 1 Complaint be DISMISSED, and this matter be REMOVED from the Court's docket. Signed by Judge Irene C. Berger on 1/20/2016. (cc: attys; any unrepresented party) (slr)

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

JUSTIN WESS MURPHPY,
Plaintiff,
v.

CIVIL ACTION NO. 5:14-cv-17031

ADMINISTRATOR MICHAEL FRANCIS, et al.,
Defendants.

MEMORANDUM OPINION AND ORDER

On May 28, 2014, the Plaintiff filed his Complaint (Document 1) in this matter.
Subsequently, on June 6, 2014, the Plaintiff filed an Application to Proceed Without Prepayment
of Fees and Costs (Document 4).
By Standing Order (Document 2) entered on May 28, 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. On
December 28, 2015, the Magistrate Judge submitted a Proposed Findings and Recommendation
(Document 12) wherein it is recommended that this Court deny the Plaintiff’s Application to
Proceed Without Prepayment of Fees and Costs, 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 January 14, 2016, and none were timely filed. The Court is not required to review, under a de
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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 Application to Proceed Without Prepayment
of Fees and Costs (Document 4) be DENIED, the Plaintiff’s Complaint (Document 1) 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 counsel of record,
and any unrepresented party.
ENTER:

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January 20, 2016