Huynh v. Mayorkas

District Court, S.D. West Virginia

Huynh v. Mayorkas

Trial Court Opinion

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

CHARLESTON DIVISION

TAM HUYNH, et al.,

Plaintiffs,

v. CIVIL ACTION NO. 2:21-cv-00484

ALEJANDRO MAYORKAS, et al.,

Defendants.

ORDER This action was referred to United States Magistrate Judge Dwane L. Tinsley for submission of proposed findings of fact and recommendations for disposition pursuant to

28 U.S.C. § 636

. Magistrate Judge Tinsley submitted his Proposed Findings & Recommendation [ECF No. 15] (“PF&R”) and recommended that I grant Defendants’ Motion to Dismiss [ECF No. 12], dismiss Plaintiffs’ claims as moot, and dismiss this civil action due to Plaintiffs’ failure to prosecute their claims. Neither party timely filed objections to the PF&R nor sought an extension of time. A district court “shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made.”

28 U.S.C. § 636

(b)(1)(C). This court is not, however, 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). Because the parties have not filed objections in this case, the court adopts and incorporates herein the PF&R and orders judgment consistent therewith. The court GRANTS Defendants’ Motion to Dismiss [ECF No. 12], DISMISSES Plaintiffs’ claims as moot, DISMISSES this civil action due to Plaintiffs’ failure to prosecute their claims, and ORDERS that this case be removed from the docket. The court DIRECTS the Clerk to send a copy of this Order to counsel of record and any unrepresented party. ENTER: September 26, 2022

pe STATES DISTRICT JUDGE

Reference

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