Johnson v. US Trinity Energy Labor Services LLC
Johnson v. US Trinity Energy Labor Services LLC
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
CHARLESTON DIVISION
TEROME JOHNSON,
Plaintiff,
v. CIVIL ACTION NO. 2:21-cv-00622
US TRINITY ENERGY LABOR SERVICES, LLC,
Defendant.
MEMORANDUM OPINION AND ORDER
On November 30, 2021, the Plaintiff, proceeding pro se, filed his Complaint (Document 1) in this matter. On May 2, 2022, the Defendant’s Motion to Dismiss Plaintiff’s Complaint (Document 14) was filed. By Administrative Order (Document 2) entered on December 1, 2021, 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 June 7, 2022, the Magistrate Judge submitted a Proposed Findings and Recommendation (Document 22) wherein it is recommended that this Court grant the Defendant’s Motion to Dismiss Plaintiff’s Complaint (Document 14), dismiss the Plaintiff’s Complaint (Document 1) with prejudice, and remove this matter from the Court’s docket. Objections to the Magistrate Judge’s Proposed Findings and Recommendation were due by June 24, 2022. 1 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 that the Defendant’s Motion to Dismiss Plaintiff's Complaint (Document 14) be GRANTED, the Plaintiff's Complaint (Document 1) be DISMISSED with prejudice, and this matter be REMOVED from the Court’s docket. 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: July 6, 2022 Dike CO. Seageh/ UNITED STATES DISTRICT JUDGE SOUTHERN DISTRICT OF WEST VIRGINIA
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