Chi v. United States

Opinion

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

ANSON CHI,

Plaintiff,

v. CIVIL ACTION NO. 1:23-00196

UNITED STATES OF AMERICA,

Defendant.

MEMORANDUM OPINION AND ORDER By Standing Order, this action was referred to United States Magistrate Judge Omar J. Aboulhosn for submission of findings and recommendations regarding disposition pursuant to 28 U.S.C. § 636(b)(1)(B). Magistrate Judge Aboulhosn submitted to the court his Findings and Recommendation (“PF&R”) on November 17, 2023, in which he recommended that the district court grant defendant’s “Renewed Motion to Revoke Plaintiff’s IFP Status and Motion to Dismiss,” revoke plaintiff’s IFP status, dismiss plaintiff’s complaint without prejudice pursuant to 28 U.S.C. § 1951(g), recommend that the Clerk for the Western District of Pennsylvania return plaintiff’s partial payment of the filing and administrative fee, and remove this matter from the court’s docket. In accordance with the provisions of 28 U.S.C. § 636(b), the parties were allotted fourteen days, plus three mailing days, in which to file any objections to Magistrate Judge Aboulhosn’s Findings and Recommendation. The failure of any party to file such objections constitutes a waiver of such party's right to a de novo review by this court. Snyder v. Ridenour, 889 F.2d 1363 (4th Cir. 1989). Chi filed two motions to extend the time period for

filing objections, both of which were granted. See ECF Nos. 42, 43, 45, and 46. Despite receiving additional time, he failed to file any objections. He did, however, file two documents which he described as “proof” that he had mailed objections. See ECF Nos. 47 and 48. No objections accompanied either of these filings. He has also written two letters to the Clerk requesting copies of the docket sheet. See ECF Nos. 50 and 52. The Clerk provided the requested copies. See ECF Nos. 51 and 52. Finally, on January 22, 2024, Chi filed a motion to recuse Magistrate Judge Aboulhosn. Despite all these filings that have been received in the Clerk’s Office after entry of the PF&R, the court has not received any objections. Accordingly, the parties

failed to file any objections to the Magistrate Judge's Findings and Recommendation within the requisite period. Having reviewed the Findings and Recommendation filed by Magistrate Judge Aboulhosn, the court adopts the findings and recommendations contained therein. Accordingly, the court hereby GRANTS defendant’s “Renewed Motion to Revoke Plaintiff’s IFP Status and Motion to Dismiss,” REVOKES plaintiff’s IFP status, DISMISSES plaintiff’s complaint without prejudice pursuant to 28 U.S.C. § 1951(g), RECOMMENDS that the Clerk for the Western District of Pennsylvania return plaintiff’s partial payment of the filing and administrative fee, and DIRECTS the Clerk to remove this matter from the court’s docket. The Clerk is directed to forward a copy of this Memorandum Opinion and Order to plaintiff, counsel of record, and the Clerk for the United States District Court for the Western District of Pennsylvania. IT IS SO ORDERED this 5th day of March, 2024. BNTER:

Raid A Dales David A. Faber Senior United States District Judge