Pipes v. Correctional Medical Services et al, No. 2:2009cv00921 - Document 10 (S.D.W. Va. 2009)
Court Description: MEMORANDUM OPINION AND ORDER the court accepts and incorporates the Magistrate Judge's 8 Proposed Findings and Recommendation; DISMISSES the 1 Complaint; DENIES the plaintiff's 2 Application to Proceed without Prepayment of Fees or Costs; and DENIES the 6 Motion for Immediate Injunctive Relief. Signed by Judge Joseph R. Goodwin on 12/10/2009. (cc: plaintiff; Magistrate Judge Stanley; attys; any unrepresented party) (taq)
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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA CHARLESTON DIVISION JAMES F. PIPES, Plaintiff, v. CIVIL ACTION NO. 2:09-cv-00921 CORRECTIONAL MEDICAL SERVICES, et al., Defendants. MEMORANDUM OPINION AND ORDER Pending before the court is the petitioner s Complaint [Docket 1], Application to Proceed without Prepayment of Fees or Costs [Docket 2], and Motion for Immediate Injunctive Relief [Docket 6]. This action was referred to the Honorable Mary E. Stanley, United States Magistrate Judge, for submission to this court of proposed findings of fact and recommendation for disposition, pursuant to 28 U.S.C. ยง 636(b)(1)(B). The Magistrate Judge has submitted findings of fact and recommended that the court deny the petitioner s motions. The petitioner timely filed written objections to the Magistrate Judge s findings of fact and recommendation. Having reviewed the petitioner s objections de novo, the court FINDS that they are without merit. Accordingly, the court accepts and incorporates herein the findings and recommendation of the Magistrate Judge, DISMISSES the Complaint [Docket 1], DENIES the Application to Proceed without Prepayment of Fees or Costs [Docket 2], and DENIES Motion for Immediate Injunctive Relief [Docket 6]. The court DIRECTS the Clerk to send a copy of this Order to Magistrate Judge Stanley, counsel of record, and any unrepresented party. ENTER: -2- December 10, 2009
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