Opinion
CIVIL ACTION NO. 2:14-CV-46
09-23-2014
SHEIKH OMAR ABDUL RAHMAN and DAVID ROTHROCK, Plaintiffs, v. KHALED SHEIKH MOHAMMED, Defendant.
ORDER ADOPTING REPORT AND RECOMMENDATION AND ISSUANCE OF A PRE-FILING INJUNCTION
On this day, the above-styled matter came before this Court for consideration of the Report and Recommendation of United States Magistrate Judge James E. Seibert [Doc. 8-1]. Pursuant to this Court's Local Rules, this action was referred to Magistrate Judge Seibert for submission of a proposed report and a recommendation ("R & R"). Magistrate Judge Seibert filed his R&R on August 20, 2014, wherein he recommends this Court 1) dismiss Sheikh Omar Abdul Rahman and Khaled Sheikh Mohammed; 2) dismiss this case pursuant to 28 U.S.C. § 1915A because it is frivolous and malicious; and 3) dismiss the plaintiffs' pending Emergency Motion for Preliminary Injunction/Motion for Temporary Restraining order as moot.
Pursuant to 28 U.S.C. § 636 (b)(1)(c), this Court is required to make a de novo review of those portions of the magistrate judge's findings to which objection is made. However, 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). In addition, failure to file timely objections constitutes a waiver of de novo review and the right to appeal this Court's Order. 28 U.S.C. § 636(b)(1); Snyder v. Ridenour, 889 F.2d 1363, 1366 (4th Cir. 1989); United States v. Schronce, 727 F.2d 91, 94 (4th Cir. 1984). Here, objections to Magistrate Judge Seibert's R&R were due within fourteen (14) days of receipt, pursuant to 28 U.S.C. § 636(b)(1) and Fed.R.Civ.P. 72(b). The docket reflects that service was accepted on August 22, 2014 [Doc. 9]. No objections have been filed. Accordingly, this Court will review the R&R for clear error.
Upon careful review of the above, it is the opinion of this Court that the Report and Recommendation [Doc. 8] should be, and is, hereby ORDERED ADOPTED for the reasons more fully stated in the magistrate judge's report. Accordingly, this Court ORDERS the following:
1) DISMISS Sheikh Omar Abdul Rahman and Khaied Sheikh Mohammed;
2) DISMISS this case pursuant to 28 U.S.C. § 1915A because it is frivolous and malicious; and
3) DISMISS the plaintiffs' pending Emergency Motion for Preliminary
Injunction/Motion for Temporary Restraining Order [Doc. 2] as MOOT. This Court further DIRECTS the Clerk to:
1) return, unfiled, any papers submitted in any future civil case by or on behalf of David Rothrock (except for notice of appeal in this case or unless filed from a West Virginia penal facility or in a habeas corpus proceeding);
2) note on the docket of this case any attempted filings in violation of this Order;
3) upon entry of this Order, to send a copy of the Report and Recommendations [Doc, 8] and a copy of this final Order to the warden of the Benner Township Prison in Pennsylvania, along with a copy of David Rothrock's filing [Doc. 1];
4) enter judgment in favor of the defendant; and
5) STRIKE this case from the active docket of this Court.
It is so ORDERED.
The Clerk is directed to transmit copies of this Order to any counsel of record and to mail a copy to the pro se petitioners.
DATED: September 23, 2014.
/s/_________
JOHN PRESTON BAILEY
UNITED STATES DISTRICT JUDGE