Davis v. FCI Beckley et al

Filing 11

MEMORANDUM OPINION AND ORDER: Adopting the 10 Proposed Findings and Recommendations by Magistrate Judge; dismissing Plaintiff's 1 Complaint and 5 Amended Complaint; removing this matter from the Court's docket. Signed by Judge Irene C. Berger on 6/28/2018. (cc: Magistrate Judge Aboulhosn; attys; any unrepresented party) (slr)

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

SHYHEEM DAVIS,
Plaintiff,
v.

CIVIL ACTION NO. 5:16-cv-06425

FCI BECKLEY, et al.,
Defendants.

MEMORANDUM OPINION AND ORDER

On July 18, 2016, the Plaintiff, proceeding pro se, filed a letter-form Complaint (Document
1) in this matter. An Amended Complaint (Document 5) was filed on August 19, 2016. By
Standing Order (Document 2) entered on July 18, 2016, the action 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, pursuant to 28 U.S.C. § 636.
On February 9, 2018, the Magistrate Judge submitted a Proposed Findings and
Recommendation (Document 10) wherein it is recommended that this Court dismiss the Plaintiff’s
Complaint and Amended Complaint, and remove this matter from the Court’s docket. Objections
to the Magistrate Judge=s Proposed Findings and Recommendation were due by February 26, 2018.
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
1

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 Complaint (Document 1) and Amended
Complaint (Document 5) 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
Aboulhosn, counsel of record, and any unrepresented party.
ENTER:

2

June 28, 2018