Szymanski v. Federal Bureau of Prisons
Filing
4
MEMORANDUM OPINION AND ORDER: The Court ADOPTS the 3 Proposed Findings and Recommendation by the Magistrate Judge, and ORDERS that the Plaintiff's 1 Complaint be DISMISSED and that this matter be REMOVED from the Court's docket. Signed by Judge Irene C. Berger on 10/16/2015. (cc: Magistrate Judge VanDervort; attys; any unrepresented party) (slr)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
BECKLEY DIVISION
TERRY SZYMANSKI,
Plaintiff,
v.
CIVIL ACTION NO. 5:15-cv-11621
FEDERAL BUREAU OF PRISONS,
Defendant.
MEMORANDUM OPINION AND ORDER
On July 29, 2015, the Plaintiff filed a pro-se Complaint (Document 1) in this matter. By
Standing Order (Document 2) entered on that date, 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 September 21, 2015, the Magistrate Judge submitted a Proposed Findings and
Recommendation (Document 3) wherein it is recommended that this Court 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 October 8, 2015, and none were timely
filed.
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
1
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 Complaint (Document 1) be DISMISSED
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:
2
October 16, 2015
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?