Baisden v. John Doe 1 et al, No. 2:2011cv00830 - Document 46 (S.D.W. Va. 2012)
Court Description: MEMORANDUM OPINION AND ORDER: The Court ADOPTS the 43 PROPOSED FINDINGS AND RECOMMENDATION by the United States Magistrate Judge; GRANTS defendants' 40 Motion to Dismiss for failure to prosecute and this action is DISMISSED without prejudice. Signed by Judge John T. Copenhaver, Jr. on 10/16/2012. (cc: pro se plaintiff and counsel of record) (mjp)
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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF WEST VIRGINIA AT CHARLESTON ANTHONY BAISDEN, Plaintiff, v. CIVIL ACTION NO. 2:11-00830 SERGEANT R. D. an employee of Virginia State SERGEANT J. L. an employee of Virginia State ARTHUR, the West Police and PHILLIPS, the West Police, Defendants. MEMORANDUM OPINION AND ORDER The court, having received the Proposed Findings and Recommendation ( PF&R ) of the United States Magistrate Judge filed on August 21, 2012, pursuant to the provisions of 28 U.S.C. ยง 636(b)(1)(B); and having reviewed the record in this proceeding; and there being no objections filed by either party; and it appearing proper to do so, it is ORDERED that the findings and conclusions made in the PF&R be, and they hereby are, adopted by the court. It is accordingly ORDERED that the defendants motion to dismiss for failure to prosecute be granted and that this civil action be dismissed without prejudice. The Clerk is directed to forward copies of this written opinion and order to the pro se plaintiff and all counsel of record. DATED: October 16, 2012 John T. Copenhaver, Jr. United States District Judge
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