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McLear v. West Virginia State Tax Commissioner

United States District Court, S.D. West Virginia, Parkersburg Division
Jul 7, 2006
Civil Action No. 6:06-cv-00060 (S.D.W. Va. Jul. 7, 2006)

Opinion

Civil Action No. 6:06-cv-00060.

July 7, 2006


ORDER


This action was referred to the Honorable Mary E. Stanley, 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(b)(1)(B). The Magistrate Judge has submitted findings of fact and has recommended that the court grant the defendant's Motion to Dismiss and Deny the plaintiff's Motion for Summary Judgment. Neither party has filed objections to the Magistrate Judge's findings and recommendations.

The failure to object to a magistrate judge's report may be deemed a waiver on appeal of the substance of the report and the court need only satisfy itself that there is no clear error on the face of the record in order to accept the recommendation. See Camby v. Davis, 718 F.2d 198, 200 (4th Cir. 1983); Campbell v. United States D. Ct. N.D. Cal., 501 F.2d 196, 206 (9th Cir. 1974). The court has reviewed the Magistrate Judge's findings of fact and recommendations and finds no clear error on the face of the record. Therefore, the court accepts and incorporates herein the findings and recommendation of the Magistrate Judge and orders judgment consistent with the findings and recommendations. The court GRANTS the defendant's Motion to dismiss [Docket 4] and DENIES the plaintiff's motion for summary judgment [Docket 5], DISMISSES this action from the docket, and DIRECTS the Clerk to send a copy of this Order to counsel of record and any unrepresented party.


Summaries of

McLear v. West Virginia State Tax Commissioner

United States District Court, S.D. West Virginia, Parkersburg Division
Jul 7, 2006
Civil Action No. 6:06-cv-00060 (S.D.W. Va. Jul. 7, 2006)
Case details for

McLear v. West Virginia State Tax Commissioner

Case Details

Full title:ROBERT L. MCLEAR, Plaintiff, v. WEST VIRGINIA STATE TAX COMMISSIONER…

Court:United States District Court, S.D. West Virginia, Parkersburg Division

Date published: Jul 7, 2006

Citations

Civil Action No. 6:06-cv-00060 (S.D.W. Va. Jul. 7, 2006)