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Lewis v. White

United States District Court, S.D. West Virginia, at Bluefield
Jul 1, 2010
CIVIL ACTION NO. 1:07-0348 (S.D.W. Va. Jul. 1, 2010)

Opinion

CIVIL ACTION NO. 1:07-0348.

July 1, 2010


MEMORANDUM OPINION AND ORDER


By Standing Order, this action was referred to United States Magistrate Judge R. Clarke VanDervort for submission of findings and recommendations regarding disposition pursuant to 28 U.S.C.A. § 636(b)(1)(B). Magistrate Judge VanDervort submitted to the court his Findings and Recommendation on June 8, 2010, in which he recommended that the District Court deny plaintiff's application to proceed without prepayment of fees and costs, dismiss plaintiff's complaint, 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 VanDervort's Findings and Recommendation. The failure of any party to file such objections constitutes a waiver of such party's right to ade 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 VanDervort, the court adopts the findings and recommendations contained therein. Accordingly, the court hereby DENIES plaintiff's application to proceed without prepayment of fees and costs, DISMISSES plaintiff's complaint for relief under 42 U.S.C. § 1983, 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.


Summaries of

Lewis v. White

United States District Court, S.D. West Virginia, at Bluefield
Jul 1, 2010
CIVIL ACTION NO. 1:07-0348 (S.D.W. Va. Jul. 1, 2010)
Case details for

Lewis v. White

Case Details

Full title:AVERY D. LEWIS, Plaintiff, v. VANESSA WHITE, Sergeant, Stevens…

Court:United States District Court, S.D. West Virginia, at Bluefield

Date published: Jul 1, 2010

Citations

CIVIL ACTION NO. 1:07-0348 (S.D.W. Va. Jul. 1, 2010)

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