James v. City of Huntington, West Virginia et al, No. 3:2012cv03379 - Document 8 (S.D.W. Va. 2013)

Court Description: MEMORANDUM OPINION AND ORDER adopting and incorporating Magistate Judge Eifert's 7 Proposed Findings and Recommendation; denying Plaintiff's 2 APPLICATION to Proceed Without Prepayment of Fees and Costs, DISMISSING the 1 Complaint without prejudice, and removing this matter from the docket of the Court, consistent with the findings and recommendations. Signed by Judge Robert C. Chambers on 10/3/2013. (cc: attys; any unrepresented parties) (mkw)

Download PDF
IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA HUNTINGTON DIVISION BARRY L. JAMES, Plaintiff, v. CIVIL ACTION NO. 3;12-3379 CITY OF HUNTINGTON; OFFICER J. CLEMINS; CABELL COUNTY; BRACHT PEOPLES, et al., Defendants. 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 the Court deny Plaintiff s application to proceed in forma pauperis (ECF No. 2), dismiss the complaint, without prejudice (ECF No. 1), and remove this matter from the docket of the Court. Neither party has filed objections to the Magistrate Judge=s findings and recommendations. Accordingly, the Court accepts and incorporates herein the findings and recommendation of the Magistrate Judge and DENIES Plaintiff s application to proceed in forma pauperis (ECF No. 2), DISMISSES the complaint, without prejudice (ECF No. 1), and removes this matter from the docket of the Court, consistent with the findings and recommendations. The Court DIRECTS the Clerk to forward copies of this written opinion and order to all counsel of record, and any unrepresented parties. ENTER: -2- October 3, 2013

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.