Robinson v. Mon et al, No. 2:2013cv13686 - Document 39 (S.D.W. Va. 2014)
Court Description: MEMORANDUM OPINION AND ORDER directing that the 37 PROPOSED FINDINGS AND RECOMMENDATION is adopted by the court, granting the 15 MOTION by Donna Warden to Dismiss 2 Complaint, granting the 17 MOTION by David Ballard, David Mon, James Rubenstein to Dismiss 2 Complaint, and that this action is dismissed and stricken from the docket of this court. Signed by Judge John T. Copenhaver, Jr. on 8/19/2014. (cc: pro se plaintiff; attys; United States Magistrate Judge) (tmh)
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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF WEST VIRGINIA AT CHARLESTON MARTIN RILEY ROBINSON Plaintiff, v. DAVID JAMES DAVID DONNA Civil Action No. 2:13-13686 MON, CO II, and RUBENSTEIN, Commissioner of Corrections, and BALLARD, Warden, and WARDEN, H.S.A. at Wexford Health Services at M.O.C.C., Defendants. MEMORANDUM OPINION AND ORDER Pending are the motion by defendant Donna Warden to dismiss, filed December 11, 2013, and a motion by defendant David Ballard, David Mon, and James Rubenstein to dismiss, filed the same date. This action was previously referred to Dwane L. Tinsley, United States Magistrate Judge, who has submitted his Proposed Findings and Recommendation pursuant to the provisions of 28 U.S.C. ยง 636(b)(1)(B). The court has reviewed the Proposed Findings and Recommendation entered by the magistrate judge on July 29, 2014. The magistrate judge recommends dismissal of the plaintiff s complaint against all defendants. The plaintiff has not objected to the Proposed Findings and Recommendation. The court concludes the recommended disposition is correct. Accordingly, based upon the foregoing, it is ORDERED as follows: 1. That the Proposed Findings and Recommendation be, and they hereby are, adopted by the court; 2. That the motion to dismiss filed by defendant Donna Warden be, and hereby is, granted; 3. That the motion to dismiss filed by defendants David Ballard, David Mon, and James Rubenstein be, and hereby is, granted; and 4. That this action be, and it hereby is, dismissed and stricken from the docket of this court. The Clerk is directed to forward copies of this written opinion and order to the pro se plaintiff, all counsel of record, and the United States Magistrate Judge. DATED: August 19, 2014 John T. Copenhaver, Jr. United States District Judge 2
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