Summary
rejecting plaintiff's argument that his First Amendment right to petition for redress allows him to initiate a civil action without exhausting his administrative remedies pursuant to the PLRA
Summary of this case from Fredrickson v. HeisnerOpinion
CIVIL ACTION NO. 1:18-00282
11-14-2018
MEMORANDUM OPINION AND ORDER
By Standing Order, this action was referred to United States Magistrate Judge Omar J. Aboulhosn for submission of findings and recommendations regarding disposition pursuant to 28 U.S.C.A. § 636(b)(1)(B). Magistrate Judge Aboulhosn submitted to the court his Findings and Recommendation on July 31, 2018, in which he recommended that the district court deny plaintiff's application to proceed without prepayment of fees, dismiss plaintiff's complaints, and remove this matter from the court's docket.
In accordance with the provisions of 28 U.S.C.A. § 636(b), the parties were allotted fourteen days, plus three mailing days, in which to file any objections to Magistrate Judge Aboulhosn's Findings and Recommendation. The failure of any party to file such objections constitutes a waiver of such party's right to a de novo review by this court. Snyder v. Ridenour, 889 F.2d 1363 (4th Cir. 1989).
The parties failed to file any objections to the Magistrate Judge's Findings and Recommendation within the required time period. Having reviewed the Findings and Recommendation filed by Magistrate Judge Aboulhosn, the court adopts the findings and recommendations contained therein. Accordingly, the court hereby DENIES plaintiff's application to proceed without prepayment of fees, DISMISSES plaintiff's complaints, and DIRECTS the Clerk to remove this matter from the court's docket.
The Clerk is further directed to forward a copy of this Memorandum Opinion and Order to plaintiff, pro se, and counsel of record.
IT IS SO ORDERED this 14th day of November, 2018.
ENTER:
/s/_________
David A. Faber
Senior United States District Judge