Opinion
CIVIL ACTION NO. 5:15-cv-06509
12-01-2015
WILLIAM C. PUMPHREY, Plaintiff, v. UNITED STATES OF AMERICA, Defendant.
MEMORANDUM OPINION AND ORDER
On May 20, 2015, the Plaintiff filed a pro-se Complaint (Document 1) in this matter. Subsequently, on November 2, 2015, the Plaintiff filed an Application to Proceed Without Prepayment of Fees and Costs (Document 8). By Standing Order (Document 2) entered on May 21, 2015, this matter was referred to the Honorable R. Clarke VanDervort, 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 November 5, 2015, the Magistrate Judge submitted a Proposed Findings and Recommendation (Document 9) wherein it is recommended that this Court deny the Plaintiff's Application to Proceed Without Prepayment of Fees and Costs, dismiss the civil action as moot, and remove this matter from the Court's docket. Objections to the Magistrate Judge's Proposed Findings and Recommendation were due by November 23, 2015, and none were timely filed.
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 Plaintiff's Application to Proceed Without Prepayment of Fees and Costs (Document 8) be DENIED, that this civil action be DISMISSED AS MOOT, and that 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 VanDervort, counsel of record, and any unrepresented party.
ENTER: December 1, 2015
/s/_________
IRENE C. BERGER
UNITED STATES DISTRICT JUDGE
SOUTHERN DISTRICT OF WEST VIRGINIA