Dana Stevenson v. Aaron Payne, et al.

Summary

The United States District Court for the Southern District of West Virginia adopts a magistrate judge’s Proposed Findings and Recommendations without de novo review because no timely objections were filed. The court grants Aaron Payne’s motion to dismiss, dismisses him from the action, and refers the remaining proceedings against Smith and Hager to the magistrate judge.

Holdings

1. Because neither party timely objected to the Proposed Findings and Recommendations, the district court adopted and incorporated them without conducting de novo or other review of their factual or legal conclusions.
2. The court granted Aaron Payne's motion to dismiss and dismissed him from the action.

Questions Presented

1. Whether the district court should adopt the magistrate judge's Proposed Findings and Recommendations when neither party filed timely objections.
2. Whether Defendant Aaron Payne's motion to dismiss should be granted and Payne dismissed from the action.

Disposition

other