Opinion
CIVIL ACTION NO. 1:18-01498
01-06-2020
WILLIAM MITCHELL, Plaintiff, v. BARBARA RICKARD, Warden, et al., Defendants.
MEMORANDUM OPINION AND ORDER
By Standing Order, this action was referred to United States Magistrate Judge Omar J. Aboulhosn for submission of findings and recommendation regarding disposition pursuant to 28 U.S.C. § 636(b)(1)(B). Magistrate Judge Aboulhosn submitted to the court his Findings and Recommendation on June 7, 2019, in which he recommended that the court deny plaintiff's Application to Proceed Without Prepayment of Fees and Costs, ECF No. 4, dismiss without prejudice plaintiff's Complaint, ECF No. 1, and remove this matter from the court's docket.
In accordance with the provisions of 28 U.S.C. § 636(b), plaintiff was allotted fourteen days and three mailing days in which to file any objections to Magistrate Judge Aboulhosn's Findings and Recommendation. The failure of any party to file such objections within the time allowed 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).
Objections to the Proposed Findings and Recommendation were due by June 24, 2019. Neither party filed any objections to the Magistrate Judge's Findings and Recommendation within the requisite time period.
Accordingly, the court adopts the Findings and Recommendation of Magistrate Judge Aboulhosn as follows:
1. Plaintiff's Application to Proceed Without Prepayment of Fees and Costs, ECF No. 4, is DENIED;
2. Plaintiff's Complaint, ECF No. 1, is DISMISSED without prejudice; and
3. The Clerk is directed to remove this case from the court's active docket.
The Clerk is further directed to forward a copy of this Memorandum Opinion and Order to counsel of record and unrepresented parties.
IT IS SO ORDERED this 6th day of January, 2020.
ENTER:
/s/_________
David A. Faber
Senior United States District Judge