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Smith v. Am. Express

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA AT BLUEFIELD
Sep 4, 2014
CIVIL ACTION NO. 1:13-3014 (S.D.W. Va. Sep. 4, 2014)

Opinion

CIVIL ACTION NO. 1:13-3014

09-04-2014

JOE E. SMITH, Plaintiff, v. AMERICAN EXPRESS, et al., Defendants.


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. § 636(b)(1)(B). Magistrate Judge VanDervort submitted to the court his Findings and Recommendation ("PF&R") on August 7, 2014, in which he recommended that the district court grant the motion for judgment on the pleadings of defendant American Express (Doc. No. 45), dismiss plaintiff's complaint as to the remaining defendants, and remove this matter from the court's docket.

In accordance with the provisions of 28 U.S.C. § 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 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 VanDervort, the court adopts the findings and recommendations contained therein. Accordingly, the court hereby GRANTS the motion for judgment on the pleadings of defendant American Express, DISMISSES plaintiff's complaint as to the remaining defendants, and directs the Clerk to remove this case from the court's active docket.

The Clerk is directed to forward a copy of this Memorandum Opinion and Order to plaintiff, pro se, and counsel of record.

IT IS SO ORDERED this 4th day of September, 2014.

ENTER:

/s/_________

David A. Faber

Senior United States District Judge


Summaries of

Smith v. Am. Express

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA AT BLUEFIELD
Sep 4, 2014
CIVIL ACTION NO. 1:13-3014 (S.D.W. Va. Sep. 4, 2014)
Case details for

Smith v. Am. Express

Case Details

Full title:JOE E. SMITH, Plaintiff, v. AMERICAN EXPRESS, et al., Defendants.

Court:UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA AT BLUEFIELD

Date published: Sep 4, 2014

Citations

CIVIL ACTION NO. 1:13-3014 (S.D.W. Va. Sep. 4, 2014)

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