Opinion
CIVIL ACTION NO. 5:14-cv-26939
11-10-2014
LEROY OWENS, Plaintiff, v. JASON SIMMONS, et al., Defendants.
MEMORANDUM OPINION AND ORDER
The Plaintiff filed a Bivens action Complaint (Document 4) in this matter on October 16, 2014. Therein, the Plaintiff names as Defendants: Inmate Jason Simmons; Warden Joe Coakley; Correctional Officer Romano; and Correctional Officer Frozen. By Standing Order (Document 5) entered on October 16, 2014, this action 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 October 20, 2014, the Magistrate Judge submitted a Proposed Findings and Recommendation (Document 7) wherein it is recommended that this Court dismiss the Plaintiff's Bivens claim against Defendant Simmons, and refer the matter back to the Magistrate Judge for further proceedings on the Plaintiff's Bivens claim against the remaining Defendants. Objections to the Magistrate Judge's Proposed Findings and Recommendation were due by November 6, 2014. 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 the Plaintiff's Bivens claim against Defendant Simmons be DISMISSED, and that this matter be REFERRED back to the Magistrate Judge for further proceedings on the Plaintiff's Bivens claim against the remaining Defendants.
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: November 10, 2014
/s/_________
IRENE C. BERGER
UNITED STATES DISTRICT JUDGE
SOUTHERN DISTRICT OF WEST VIRGINIA