From Casetext: Smarter Legal Research

Johnson v. U.S. Trinity Energy Labor Servs.

United States District Court, Southern District of West Virginia
Jul 6, 2022
Civil Action 2:21-cv-00622 (S.D.W. Va. Jul. 6, 2022)

Opinion

Civil Action 2:21-cv-00622

07-06-2022

TEROME JOHNSON, Plaintiff, v. US TRINITY ENERGY LABOR SERVICES, LLC, Defendant.


MEMORANDUM OPINION AND ORDER

IRENE C. BERGER UNITED STATES DISTRICT JUDGE

On November 30, 2021, the Plaintiff, proceeding pro se, filed his Complaint (Document 1) in this matter. On May 2, 2022, the Defendant's Motion to Dismiss Plaintiff's Complaint (Document 14) was filed. By Administrative Order (Document 2) entered on December 1, 2021, the matter 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 June 7, 2022, the Magistrate Judge submitted a Proposed Findings and Recommendation (Document 22) wherein it is recommended that this Court grant the Defendant's Motion to Dismiss Plaintiff's Complaint (Document 14), dismiss the Plaintiff's Complaint (Document 1) with prejudice, and remove this matter from the Court's docket. Objections to the Magistrate Judge's Proposed Findings and Recommendation were due by June 24, 2022.

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 Defendant's Motion to Dismiss Plaintiff's Complaint (Document 14) be GRANTED, the Plaintiff's Complaint (Document 1) be DISMISSED with prejudice, 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.


Summaries of

Johnson v. U.S. Trinity Energy Labor Servs.

United States District Court, Southern District of West Virginia
Jul 6, 2022
Civil Action 2:21-cv-00622 (S.D.W. Va. Jul. 6, 2022)
Case details for

Johnson v. U.S. Trinity Energy Labor Servs.

Case Details

Full title:TEROME JOHNSON, Plaintiff, v. US TRINITY ENERGY LABOR SERVICES, LLC…

Court:United States District Court, Southern District of West Virginia

Date published: Jul 6, 2022

Citations

Civil Action 2:21-cv-00622 (S.D.W. Va. Jul. 6, 2022)