Boyd v. Consol Island Creek Coal et al
MEMORANDUM OPINION AND ORDER: adopting the 4 Proposed Findings and Recommendations of the Magistrate Judge; denying the Plaintiff's 1 Application to Proceed Without Prepayment of Fees or Costs; dismissing the Plaintiff's 2 Complaint; removing this matter from the Court's docket. Signed by Judge Irene C. Berger on 12/5/2017. (cert. cc: Magistrate Judge Aboulhosn; counsel of record; any unrepresented party) (btm)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
JERRY WAYNE BOYD,
CIVIL ACTION NO. 5:17-cv-04287
CONSOL ISLAND CREEK COAL, et al.,
MEMORANDUM OPINION AND ORDER
On November 7, 2017, the Plaintiff, proceeding pro-se, filed his Application to Proceed
Without Prepayment of Fees and Costs (Document 1) and his Complaint (Document 2) in this
matter. By Standing Order (Document 3) entered on that date, 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 November 13, 2017, the Magistrate Judge submitted a Proposed Findings and
Recommendation (Document 4) wherein it is recommended that the Plaintiff’s Application to
Proceed Without Prepayment of Fees and Costs be denied, the Plaintiff’s Complaint be dismissed,
and this matter be removed from the Court’s docket. Objections to the Magistrate Judge=s
Proposed Findings and Recommendation were due by November 30, 2017.
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 Plaintiff’s Application to Proceed Without Prepayment
of Fees and Costs (Document 1) be DENIED, the Plaintiff’s Complaint (Document 2) be
DISMISSED, and 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.
December 5, 2017
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