Morales-Dorantes v. United States of America

District Court, S.D. West Virginia

Morales-Dorantes v. United States of America

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA AT BLUEFIELD

NAPOLEON MORALES-DORANTES, Plaintiff, v. CIVIL ACTION NO. 1:15-12657 UNITED STATES OF AMERICA, et al.,

Defendants.

MEMORANDUM OPINION AND ORDER Pending before the court is plaintiff’s action seeking relief pursuant to Bivens v. Six Unknown Named Federal Agents of Federal Bureau of Narcotics,

403 U.S. 388

(1971). ECF No. 1. By Standing Order, the matter was referred to United States Magistrate Judge Omar J. Aboulhosn for submission of proposed findings and recommendations (“PF&R”) for disposition pursuant to

28 U.S.C. § 636

(b)(1)(B). On March 27, 2018, the magistrate judge submitted his PF&R, in which he recommended that the district court dismiss plaintiff’s complaint and remove the matter from the court’s docket. See ECF No. 7. In accordance with the provisions of

28 U.S.C. § 636

(b), plaintiff was allotted fourteen days, plus three mailing days, in which to file any objections to Magistrate Judge Aboulhosn’s PF&R. The failure to file such objections constitutes a waiver of the right to a de novo review by this court. Snyder v. Ridenour,

889 F.2d 1363

(4th Cir. 1989). Neither party has filed objections to the magistrate judge’s PF&R within the required time period. Accordingly, having reviewed the PF&R, the court hereby adopts the factual and legal analysis contained therein, as follows: 1. The court DISMISSES plaintiff's complaint, (ECF No. 1); and 2. 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 plaintiff, pro se. It is SO ORDERED this 3lst day of July, 2018.

ENTER: Raut A Dols David A. Faber Senior United States District Judge

Reference

Status
Unknown