Summary
rejecting plaintiff's claim in a Section 1983 action for defamation of character
Summary of this case from Canady v. WilliamsOpinion
CIVIL ACTION NO. 5:08-cv-00267.
April 7, 2009
MEMORANDUM OPINION
Pending before the Court is Plaintiff's Application to Proceed Without Prepayment of Fees [Docket 1]. By Standing Order entered on August 1, 2006, and filed in this case on April 21, 2008, this action was referred to United States Magistrate Judge R. Clarke VanDervort for submission of proposed findings and a recommendation (PF R). Magistrate Judge VanDervort filed his PF R [Docket 8] on March 16, 2009, recommending that this Court deny Plaintiff's Application to Proceed Without Prepayment of Fees, dismiss Plaintiff's Complaint [Docket 3], and remove this matter from the Court's docket.
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). In addition, failure to file timely objections constitutes a waiver of de novo review and Plaintiff's right to appeal this Court's Order. Snyder v. Ridenour, 889 F.2d 1363, 1366 (4th Cir. 1989); United States v. Schronce, 727 F.2d 91, 94 (4th Cir. 1984). Here, objections to Magistrate Judge VanDervort's PF R were due by April 2, 2009, pursuant to 28 U.S.C. § 636(b)(1) and Fed.R.Civ.P. 72(b). To date, no objections have been filed.
Accordingly, the Court ADOPTS the PF R [Docket 8] in its entirety, DENIES Plaintiff's Application to Proceed Without Prepayment of Fees [Docket 1], DISMISSES Plaintiff's Complaint [Docket 3], and DISMISSES this case with prejudice. A separate Judgment Order will enter this day implementing the rulings contained herein.
IT IS SO ORDERED.
The Court DIRECTS the Clerk to send a copy of this Order to counsel of record and any unrepresented party.