West v. United States of America et al
Filing
34
MEMORANDUM OPINION AND ORDER: Adopting the 32 Proposed Findings and Recommendation of the Magistrate Judge; granting the Defendants' 17 Motion to Dismiss, or in the Alternative, Motion for Summary Judgment; removing this matter from the Court's docket. Signed by Judge Irene C. Berger on 7/11/2018. (cc: Magistrate Judge Aboulhosn; counsel of record; any unrepresented party) (btm)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
BECKLEY DIVISION
JASON HAYNES WEST,
Plaintiff,
v.
CIVIL ACTION NO. 5:17-cv-04241
UNITED STATES OF AMERICA, et al.,
Defendants.
MEMORANDUM OPINION AND ORDER
On October 30, 2017, the Plaintiff, proceeding pro se, filed his Complaint (Document 1)
in this matter. The Defendants’ Motion to Dismiss, or in the Alternative, Motion for Summary
Judgment (Document 17) was filed on February 8, 2018.
By Standing Order (Document 3) entered on October 31, 2017, this 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 June 13, 2018, the Magistrate Judge submitted a Proposed Findings and Recommendation
(Document 32) wherein it is recommended that the Defendants’ Motion to Dismiss, or in the
Alternative, Motion for Summary Judgment (Document 17) be granted, and that this matter be
removed from the Court’s docket. Objections to the Magistrate Judge’s Proposed Findings and
Recommendation were due by July 2, 2018.
1
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
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 Defendants’ Motion to Dismiss, or in the Alternative,
Motion for Summary Judgment (Document 17) be GRANTED, 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
July 11, 2018
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?