Payne v. Western Regional Jail, No. 3:2012cv00580 - Document 9 (S.D.W. Va. 2012)

Court Description: MEMORANDUM OPINION AND ORDER denying 1 Application to Proceed without Prepayment of Fees or Costs filed by Mark Allen Payne; Adopting 7 Proposed Findings and Recommendations by Magistrate Judge; action dismissed. Signed by Judge Robert C. Chambers on 7/5/2012. (cc: plaintiff, defendant) (dcm)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA HUNTINGTON DIVISION MARK ALLEN PAYNE, Plaintiff, v. CIVIL ACTION NO. 3:12-0580 WESTERN REGIONAL JAIL, Defendant. MEMORANDUM OPINION AND ORDER This action was referred to the Honorable Cheryl A. Eifert, United States Magistrate Judge, for submission to this Court of proposed findings of fact and recommendation for disposition, pursuant to 28 U.S.C. § 636(b)(1)(B). The Magistrate Judge has submitted findings of fact and recommended that Plaintiff s Application to proceed without prepayment of fees and costs (Doc. #1) be DENIED pursuant to 28 U.S.C. § 1915(e)(2)(B) and his complaint (Doc. #2) be DISMISSED, with prejudice, for failure to state a claim. Neither party has filed objections to the Magistrate Judge s findings and recommendation. The Court notes that the Proposed Findings was returned as undeliverable from the Southwestern Regional Jail. Plaintiff has not provided a new address. Accordingly, the Court accepts and incorporates herein the findings and recommendation of the Magistrate Judge and, consistent with the findings and recommendation, DENIES Plaintiff s Application to proceed without prepayment of fees and costs (Doc. #1) pursuant to 28 U.S.C. § 1915(e)(2)(B) and DISMISSES, with prejudice, his complaint (Doc. #2) for failure to state a claim. The Court DIRECTS the Clerk to forward copies of this written opinion and order to all counsel of record, and any unrepresented parties. ENTER: July 5, 2012 ROBERT C. CHAMBERS UNITED STATES DISTRICT JUDGE -2-

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