Myles v. Saad

District Court, S.D. West Virginia

Myles v. Saad

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA AT BLUEFIELD DENETRIA MYLES, Plaintiff, v. CIVIL ACTION NO. 1:18-01278 WARDEN JENNIFER SAAD, Defendant. MEMORANDUM OPINION AND ORDER By Standing Order, this action was referred to United States Magistrate Judge Omar J. Aboulhosn for submission of findings and recommendations regarding disposition pursuant to

28 U.S.C.A. § 636

(b)(1)(B). Magistrate Judge Aboulhosn submitted to the court his Findings and Recommendation on October 16, 2018, in which he recommended that the district court grant plaintiff's “motion to withdraw”, dismiss plaintiff’s complaint without prejudice, and remove this case from the court’s active docket. In accordance with the provisions of

28 U.S.C.A. § 636

(b), the parties were allotted fourteen days, plus 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 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). Neither party filed objections within the requisite time. Having reviewed the Findings and Recommendation filed by Magistrate Judge Aboulhosn, the court adopts the findings and recommendations contained therein. Accordingly, the court hereby GRANTS plaintiff’s “motion to withdraw”; DISMISSES plaintiff's complaint; and DIRECTS the Clerk to remove this case from the court’s active docket. The Clerk is directed to forward a copy of this Memorandum Opinion and Order to plaintiff, pro se, and counsel of record. IT IS SO ORDERED this 17th day of January, 2019. ENTER: Raut O Dabo David A. Faber Senior United States District Judge

Reference

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