Cristia v. Fox, et al

Filing 37

ORDER adopting the 36 Proposed Findings and Recommendation, denying plaintiff's 26 Motion for Order of Protection, granting defendants' 23 Motion to Dismiss, dismissing plaintiff's complaint, and directing that this action be removed from the docket. Signed by Judge Joseph R. Goodwin on 3/3/2011. (cc: attys; any unrepresented party) (jkk)

Cristia v. Newell, et al

Doc. 37

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

MONTE CRISTIA, Plaintiff, v. ROBERT NEWELL, et al., Defendants. CIVIL ACTION NO. 6:09-cv-01311

ORDER

Pending before the court is the defendants' Motion to Dismiss [Docket 23] and the plaintiff's Emergency Exparte [sic] Motion for Order of Protection [Docket 26]. This action was referred to the Honorable Mary E. Stanley, 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(b)(1)(B). The Magistrate Judge has submitted findings of fact and has recommended that the court GRANT the defendants' Motion, DISMISS the plaintiff's complaint [Docket 2] for failure to state a claim and DENY the plaintiff's Emergency Motion. No party has filed objections to the Magistrate Judge's findings and recommendations. The failure to object to a magistrate judge's report may be deemed a waiver of appeal of the substance of the report and the court need only satisfy itself that there is no clear error on the face of the record in order to accept the recommendation. See Camby v. Davis, 718 F.2d 198, 200 (4th Cir. 1983); Campbell v. United States D. Ct. N.D. Cal., 501 F.2d 196, 206 (9th Cir. 1974). The

Dockets.Justia.com

court has reviewed the Magistrate Judge's findings of fact and recommendations and finds no clear error on the face of the record. Therefore, the court accepts and incorporates herein the findings and recommendation of the Magistrate Judge and orders judgment consistent with the findings and recommendations. The court hereby DENIES the plaintiff's Emergency Exparte [sic] Motion for Order of Protection [Docket 26], GRANTS the defendants' Motion to Dismiss [Docket 23], DISMISSES the plaintiff's complaint [Docket 2], and DIRECTS this action to be removed from the docket. The court DIRECTS the Clerk to send a copy of this Order to counsel of record and any unrepresented party. ENTER: March 3, 2011

-2-