Opinion
CIVIL ACTION NO. 2:20-cv-00501
10-14-2020
JORDAN L. RAUCH, Plaintiff, v. KEEFE COMMISSARY NETWORK, et al., Defendants.
MEMORANDUM OPINION AND ORDER
On July 23, 2020, the Plaintiff, proceeding pro se, filed his Application to Proceed Without Prepayment of Fees and Costs (Document 1) and his Complaint (Document 2). Subsequently, on September 14, 2020, the Plaintiff filed a letter-form motion (Document 6) seeking to withdraw his case.
By Administrative Order (Document 5) entered on July 24, 2020, the matter was referred to the Honorable Omar J. Aboulhosn, 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.
On September 16, 2020, the Magistrate Judge submitted a Proposed Findings and Recommendation (Document 7) wherein it is recommended that this Court grant in part and deny in part the Plaintiff's letter-form motion to withdraw, dismiss the Plaintiff's Complaint without prejudice, and remove this matter from the Court's docket. Objections to the Magistrate Judge's Proposed Findings and Recommendation were due by October 5, 2020.
Neither party has timely filed objections to the Magistrate Judge's Proposed Findings and Recommendation. 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). Failure to file timely objections constitutes a waiver of de novo review and a party'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).
Accordingly, the Court ADOPTS and incorporates herein the findings and recommendation of the Magistrate Judge as contained in the Proposed Findings and Recommendation, and ORDERS as follows:
1) The Plaintiff's letter-form motion to withdraw (Document 6) is GRANTED IN PART AND DENIED IN PART; specifically, the motion is DENIED to the extent the Plaintiff seeks a refund of his filing fee (inasmuch as no filing fee was paid), and the motion is GRANTED to the extent the Plaintiff seeks to dismiss his Complaint;
2) The Plaintiff's Complaint (Document 2) is DIMISSED without prejudice; and
3) This case is REMOVED from the Court's docket.
Lastly, the Court ORDERS that the Plaintiff's Application to Proceed Without Prepayment of Fees and Costs (Document 1) is TERMINATED AS MOOT.
The Court DIRECTS the Clerk to send a certified copy of this Order to Magistrate Judge Aboulhosn, counsel of record, and any unrepresented party.
ENTER: October 14, 2020
/s/_________
IRENE C. BERGER
UNITED STATES DISTRICT JUDGE
SOUTHERN DISTRICT OF WEST VIRGINIA