Jarrett v. Regional Jail Authority

District Court, S.D. West Virginia

Jarrett v. Regional Jail Authority

Trial Court Opinion

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

CHARLESTON DIVISION

CHARLES EDWARD JARRETT,

Plaintiff,

v. CIVIL ACTION NO. 2:20-cv-00625

REGIONAL JAIL AUTHORITY, et al.,

Defendants.

ORDER

This action was referred to United States Magistrate Judge Dwane Tinsley on September 24, 2020, for submission of proposed findings of fact and recommendations for disposition pursuant to

28 U.S.C. § 636

(b)(1)(B). On August 31, 2022, Magistrate Judge Tinsley submitted his Proposed Findings & Recommendations [ECF No. 9] (“PF&R”) and recommended that I FIND Plaintiff has failed to prosecute this action and DISMISS the matter from the court’s docket. The PF&R advised thar parties that objections were due no later than September 19, 2021.1 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

1 The docket reflects that the PF&R mailed to Plaintiff was returned as undeliverable on September 9, 2022, and again on September 19, 2022, but this does not excuse the failure to file objections by the deadline. “A pro se party must advise the clerk promptly of any changes in name, address, and telephone number.” L.R. Civ. P. 83.5. 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. I FIND that Plaintiff has failed to prosecute this action. I order this case to be DISMISSED and REMOVED from the docket of the Court. The Clerk is DIRECTED to send a copy of this Order to counsel of record and any unrepresented party.

ENTER: October 13, 2022 G ow STATES DISTRICT JUDGE

Reference

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