Lutfi v. Devereaux et al

Filing 6

MEMORANDUM OPINION AND ORDER: The Court ADOPTS and incorporates herein the findings and recommendation of the Magistrate Judge as contained in the 5 Proposed Findings and Recommendation, and ORDERS that the Plaintiff's 1 Application to Pr oceed without Prepayment of Fees or Costs be DENIED, the Plaintiff's 3 Complaint be DISMISSED, and that this matter be REMOVED from the Court's docket. Signed by Judge Irene C. Berger on 3/18/2015. (cc: USMJ VanDervort; attys; any unrepresented party) (msa)

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

SALIH WASIM LUTFI,
Plaintiff,
v.

CIVIL ACTION NO. 5:15-cv-02063

R. DEVEREAUX, et al.,
Defendants.

MEMORANDUM OPINION AND ORDER

On February 23, 2015, the Plaintiff filed an Application to Proceed Without Prepayment of
Fees and Costs (Document 1) and a Complaint (Document 3) in this matter. By Standing Order
(Document 4) entered on February 23, 2015, the 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 27, 2015, the Magistrate Judge submitted a Proposed Findings and
Recommendation (Document 5). Therein, 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 March 16, 2015. No such objections were timely
filed by either party.

1

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 Application to Proceed Without Prepayment
of Fees and Costs (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
VanDervort, counsel of record, and any unrepresented party.
ENTER:

2

March 18, 2015