Konrath v. Wear et al

Filing 5

MEMORANDUM OPINION AND ORDER: the Court ADOPTS and incorporated the findings and recommendation of the Magistrate Judge as contained in the 4 Proposed Findings and Recommendation, and ORDERS that Plaintiff's 1 Complaint be DISMISSED and this matter be REMOVED from the Court's docket. Signed by Judge Irene C. Berger on 3/8/2018. (cc: USMJ Aboulhosn; attys; any unrepresented party) (msa)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA BECKLEY DIVISION GREGORY KONRATH, Plaintiff, v. CIVIL ACTION NO. 5:17-cv-00521 BRENT WEAR and RYAN WEAR, Defendants. MEMORANDUM OPINION AND ORDER On January 12, 2017, the Plaintiff, proceeding pro se, filed his Complaint (Document 1) in this matter seeking relief pursuant to 42 U.S.C. §§ 1983 and 1985. By Standing Order (Document 2) entered on that date, the matter 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 12, 2018, the Magistrate Judge submitted a Proposed Findings and Recommendation (Document 4) 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 March 1, 2018, and none were filed by either party. 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 1 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) 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 March 8, 2018

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