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Maliki v. Vienna WV Police Dep't

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA CHARLESTON DIVISION
Aug 10, 2020
CIVIL ACTION NO. 2:19-cv-00214 (S.D.W. Va. Aug. 10, 2020)

Opinion

CIVIL ACTION NO. 2:19-cv-00214

08-10-2020

MAJED ABDULLAH MALIKI, Plaintiff, v. VIENNA WV POLICE DEPARTMENT, et al., Defendants.


ORDER

Before the Court is Plaintiff Majed Abdullah Maliki's ("Plaintiff") Complaint. (ECF No. 2.) By standing order entered on January 4, 2016, and filed in this case on March 25, 2019, (ECF No. 3), this action was referred to United States Magistrate Judge Dwane L. Tinsley for submission of proposed findings and a recommendation for disposition ("PF&R"). Magistrate Judge Tinsley entered his PF&R on July 6, 2020, recommending this Court dismiss Plaintiff's Complaint for failure to state a claim upon which relief may be granted. (ECF No. 5.)

This Court is not required to review, de novo or under any other standard, factual or legal conclusions contained within the PF&R to which no objections were addressed. Thomas v. Arn, 474 U.S. 140, 150 (1985). Failure to file timely objections constitutes a waiver of de novo review and Plaintiff'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). In addition, this Court need not conduct a de novo review when a party "makes general and conclusory objections that do not direct the Court to a specific error in the magistrate's proposed findings and recommendations." Orpiano v. Johnson, 687 F.2d 44, 47 (4th Cir. 1982).

Objections to the PF&R in this case were due on July 23, 2020. To date, no objections have been filed. Accordingly, the Court ADOPTS the PF&R, (ECF No. 5), and DISMISSES Plaintiff's Complaint for failure to state a claim. The Court further DIRECTS the Clerk to remove this matter from the Court's docket.

IT IS SO ORDERED.

The Court DIRECTS the Clerk to send a copy of this Order to counsel of record and any unrepresented party.

ENTER: August 10, 2020

/s/_________

THOMAS E. JOHNSTON, CHIEF JUDGE


Summaries of

Maliki v. Vienna WV Police Dep't

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA CHARLESTON DIVISION
Aug 10, 2020
CIVIL ACTION NO. 2:19-cv-00214 (S.D.W. Va. Aug. 10, 2020)
Case details for

Maliki v. Vienna WV Police Dep't

Case Details

Full title:MAJED ABDULLAH MALIKI, Plaintiff, v. VIENNA WV POLICE DEPARTMENT, et al.…

Court:UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA CHARLESTON DIVISION

Date published: Aug 10, 2020

Citations

CIVIL ACTION NO. 2:19-cv-00214 (S.D.W. Va. Aug. 10, 2020)