Rockwell v. Adams et al, No. 3:2014cv09190 - Document 7 (S.D.W. Va. 2014)

Court Description: MEMORANDUM OPINION AND ORDER accepting and incorporating Magistrate Judge Eifert's 5 Proposed Findings and Recommendations; DENYING Plaintiff's 2 Complaint, DENYING Plaintiff's 1 APPLICATION to Proceed Without Prepayment of Fe es and Costs, DISMISSING this civil action, without prejudice, and REMOVING it from the docket of this Court, consistent with the findings and recommendations. Signed by Judge Robert C. Chambers on 6/19/2014. (cc: attys; any unrepresented parties) (mkw)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA HUNTINGTON DIVISION RICKY RAY ROCKWELL, Plaintiff, v. CIVIL ACTION NO. 3:14-9190 JOSEPH F. ADAMS, Assistant United States Attorney and TOM BEVINS, Special Agent DEA, 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 Plaintiff s Complaint (ECF No. 2) be denied; Plaintiff s Application to Proceed Without Prepayment of Fees and Costs (ECF No. 1) be denied; and this civil action be dismissed, without prejudice, and removed from the docket of this 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 Complaint (ECF No. 2); DENIES Plaintiff s Application to Proceed Without Prepayment of Fees and Costs (ECF No. 1); and DISMISSES this civil action, without prejudice, and REMOVES it from the docket of this 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- June 19, 2014

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