Ayers v. Singleton et al, No. 2:2014cv28753 - Document 10 (S.D.W. Va. 2017)
Court Description: MEMORANDUM OPINION AND ORDER re: 7 Proposed Findings and Recommendation; notice of this filing to the plaintiff has been returned undeliverable; on 7/11/2017, the plaintiff filed notice of his current address; it appears to the court that the plaintiff may not have received a copy of the Proposed Findings and Recommendation, which recommends dismissal without prejudice; acting on that assumption, the court declines to adopt the Proposed Findings and Recommendation and again refers this matter to Magistrate Judge Dwane L. Tinsley for all such further proceedings as may be appropriate. Signed by Judge John T. Copenhaver, Jr. on 10/19/2017. (cc: plaintiff; counsel of record; the United States Magistrate Judge) (taq)
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Ayers v. Singleton et al Doc. 10 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF WEST VIRGINIA AT CHARLESTON ERIC D. AYERS, Plaintiff, v. Civil Action No. 2:14-cv-28753 CORPORAL SINGLETON, and SERGEANT TERRY, and LIEUTENANT BENION, and COUNSELOR OSBORNE, and SRT OFFICERS, Defendants. MEMORANDUM OPINION AND ORDER The court has received the Proposed Findings and Recommendation in this case by United States Magistrate Judge Dwane L. Tinsley, filed on March 27, 2017, pursuant to the provisions of 28 U.S.C. ยง 636(b)(1)(B). Notice of this filing to the plaintiff, whose then address was listed by him in the record of this case as 2779C Pennsylvania Ave, Charleston, WV 25302, has been returned undeliverable. Since then the plaintiff, on July 11, 2017, has filed notice of his current address as being 100 Deputy Dean Miera Drive SW, Albuquerque, NM 87151. It appears to the court that the plaintiff may not have received a copy of the Proposed Findings and Recommendation, which recommends dismissal without Dockets.Justia.com prejudice. Acting on that assumption, the court declines to adopt the Proposed Findings and Recommendation and again refers this matter to Judge Tinsley for all such further proceedings as may be appropriate. The Clerk is directed to forward copies of this written opinion and order to plaintiff, all counsel of record and the United States Magistrate Judge. DATED: January 5,19, 2017 DATED: October 2016 John T. Copenhaver, Jr. United States District Judge
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