Williams v. United States Treasury Department
Williams v. United States Treasury Department
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
CHARLESTON DIVISION
LILLIE MAE WILLIAMS,
Plaintiff,
v. CIVIL ACTION NO. 2:23-cv-00359
UNITED STATES TREASURY DEPARTMENT,
Defendant.
MEMORANDUM OPINION AND ORDER
On April 27, 2023, the Plaintiff, proceeding pro se, filed her letter-form complaint (Document 1) in this matter. By Administrative Order (Document 2) entered on May 1, 2023, this action 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. By Order (Document 3) entered on May 2, 2023, the Magistrate Judge directed the Plaintiff to amend her complaint no later than May 22, 2023. The Plaintiff was advised that failure to amend her complaint would result in a recommendation of the dismissal or this matter without prejudice for her failure to prosecute pursuant to Fed. R. Civ. P. 41(b). To date, the Plaintiff has not amended her complaint or otherwise responded to the Court’s Order. On May 30, 2023, the Magistrate Judge submitted a Proposed Findings and Recommendation (Document 4) wherein it is recommended that this Court dismiss this matter 1 from the Court’s docket without prejudice. Objections to the Magistrate Judge’s Proposed Findings and Recommendation were due by June 16, 2023. 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 this matter be DISMISSED without prejudice and 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: June 26, 2023 Dire. Benger’ UNITED STATES DISTRICT JUDGE SOUTHERN DISTRICT OF WEST VIRGINIA
Reference
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