Pumphrey v. United States
Filing
11
MEMORANDUM OPINION AND ORDER: The Court ADOPTS the 9 Proposed Findings and Recommendation by Magistrate Judge and ORDERS that the Plaintiff's 8 Application to Proceed without Prepayment of Fees and Costs be DENIED, that this civil action be DISMISSED AS MOOT, and that this matter be REMOVED from the Court's docket. Signed by Judge Irene C. Berger on 12/1/2015. (cc: Magistrate Judge VanDervort; attys; any unrepresented party) (slr)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
BECKLEY DIVISION
WILLIAM C. PUMPHREY,
Plaintiff,
v.
CIVIL ACTION NO. 5:15-cv-06509
UNITED STATES OF AMERICA,
Defendant.
MEMORANDUM OPINION AND ORDER
On May 20, 2015, the Plaintiff filed a pro-se Complaint (Document 1) in this matter.
Subsequently, on November 2, 2015, the Plaintiff filed an Application to Proceed Without
Prepayment of Fees and Costs (Document 8). By Standing Order (Document 2) entered on May
21, 2015, this matter 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 5, 2015, the Magistrate Judge submitted a Proposed Findings and
Recommendation (Document 9) wherein it is recommended that this Court deny the Plaintiff’s
Application to Proceed Without Prepayment of Fees and Costs, dismiss the civil action as moot,
and remove this matter from the Court’s docket. Objections to the Magistrate Judge=s Proposed
Findings and Recommendation were due by November 23, 2015, and none were timely filed.
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 8) be DENIED, that this civil action be DISMISSED AS MOOT,
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:
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December 1, 2015
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