Kanode v. W. Va. & Mercer Cnty.

Full title: MICHAEL J. KANODE, SR., Plaintiff, v. STATE OF WEST VIRGINIA and MERCER…

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

Date published: Dec 30, 2015

Civil Action No: 1:13-16360 (S.D.W. Va. Dec. 30, 2015)

Opinion

Civil Action No: 1:13-16360

12-30-2015

MICHAEL J. KANODE, SR., Plaintiff, v. STATE OF WEST VIRGINIA and MERCER COUNTY, Defendants.

David A. Faber Senior United States District Judge

MEMORANDUM OPINION AND ORDER

Pending before the court are plaintiff's complaint, (Doc. No. 1), and his application to proceed without prepayment of fees and costs. (Doc. No. 3). By Standing Order, this matter 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). (Doc. No. 2). Magistrate Judge VanDervort submitted to the court his Proposed Findings and Recommendation on December 3, 2015, 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. (Doc. No. 4 at 8-9).

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 to file such objections constitutes a waiver of the right to a de novo review by this court. Snyder v. Ridenour, 889 F.2d 1363 (4th Cir. 1989).

Plaintiff failed to file any objections to the Magistrate Judge's Findings and Recommendation within the seventeen-day period. Having reviewed the Findings and Recommendation filed by Magistrate Judge VanDervort, the court adopts the findings and recommendation contained therein.

The court hereby ADOPTS the factual and legal analysis contained within the PF&R, DENIES plaintiff's application to proceed without prepayment of fees and costs, (Doc. No. 3), DISMISSES plaintiff's complaint, (Doc. No. 1), and DIRECTS the Clerk to remove this case from the court's docket.

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

It is SO ORDERED this 30th day of December, 2015.

ENTER:

/s/_________

David A. Faber

Senior United States District Judge