Duncan v. Administrator Crawford et al, No. 3:2016cv11100 - Document 43 (S.D.W. Va. 2017)

Court Description: MEMORANDUM OPINION AND ORDER accepting and incorporating the 36 Findings and Recommendation of the Magistrate Judge and granting 13 MOTION by Western Regional Jail to Dismiss 2 Complaint; DISMISSING the complaint against the Western Regional Jail; and REMOVING the Western Regional Jail as a defendant in this civil action. Signed by Judge Robert C. Chambers on 6/21/2017. (cc: attys; any unrepresented parties) (mkw)

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Duncan v. Administrator Crawford et al Doc. 43 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA HUNTINGTON DIVISION HENRY TIMBERLAKE DUNCAN, Plaintiff, v. CIVIL ACTION NO. 3:16-11100 WESTERN REGIONAL JAIL; ADMINISTRATOR CRAWFORD; ADMINISTRATOR KING; CORRECTIONAL OFFICER DAMERON; CORRECTIONAL OFFICER JUSTIN JONES; CORRECTIONAL OFFICER JAROD MARTIN; and SERGEANT BRIAN STEPHENS, 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 grant the Western Regional Jail’s Motion to Dismiss; dismiss the complaint against the Western Regional Jail; and remove the Western Regional Jail as a defendant in this civil action. 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 GRANTS the Western Regional Jail’s Motion to Dismiss (ECF No. Dockets.Justia.com 13); DISMISSES the complaint against the Western Regional Jail; and REMOVES the Western Regional Jail as a defendant in this civil action, 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 21, 2017

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