Sandlain v. Warden

• Court: District Court, S.D. West Virginia
• Decided: June 2, 2021
• Docket: 1:20-cv-00424
• Status: Unknown

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA AT BLUEFIELD BLAKE SANDLAIN, Plaintiff, v. CIVIL ACTION NO. 1:20-00424 WARDEN, FCI MCDOWELL, Defendant. MEMORANDUM OPINION AND ORDER By Standing Order, this action was referred to United States Magistrate Judge Dwane L. Tinsley for submission of findings and recommendation regarding disposition pursuant to 28 U.S.C.A. § 636(b)(1)(B). Magistrate Judge Tinsley submitted to the court his Findings and Recommendation on March 25, 2021, in which he recommended that the district court deny Sandlain’s motion for default and leave the matter referred to him for further findings on the merits. In accordance with the provisions of 28 U.S.C.A. § 636(b), the parties were allotted fourteen days, plus three mailing days, in which to file any objections to Magistrate Judge Tinsley’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). The parties failed to file any objections to the Magistrate Judge's Findings and Recommendation within the allotted time period. Having reviewed the Findings and Recommendation filed by Magistrate Judge Tinsley, the court adopts the findings and recommendations contained therein. Accordingly, the court hereby DENIES plaintiff’s motion for default and the matter remains referred to Magistrate Judge Tinsley for further proceedings. The Clerk is directed to forward a copy of this Memorandum Opinion and Order to plaintiff, pro se, and counsel of record. IT IS SO ORDERED this 2nd day of June, 2021. ENTER: Raut O Dabo David A. Faber Senior United States District Judge