Grubb v. Morrison et al, No. 3:2018cv00396 - Document 8 (S.D.W. Va. 2018)

Court Description: MEMORANDUM OPINION AND ORDER accepting and incorporating the 7 Proposed Findings and Recommendations by Magistrate Judge Eifert; directing that Plaintiff's 2 Complaint be dismissed, with prejudice; that the 1 Application to Proceed Without Prepayment of Fees and Costs be denied as moot; and this civil action be removed from the docket of the Court. Signed by Judge Robert C. Chambers on 8/24/2018. (cc: counsel of record; any unrepresented parties) (jsa)

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Grubb v. Morrison et al Doc. 8 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA HUNTINGTON DIVISION JAMES LLOYD GRUBB, Plaintiff, v. CIVIL ACTION NO. 3:18-0396 L.T. MORRISON; C.O. SGT. PRINGLE; C.O. TRANSPORTATION JARVIS, 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 Plaintiff’s Complaint (ECF No. 2) be dismissed, with prejudice; that the Application to Proceed Without Prepayment of Fees and Costs be denied, as moot (ECF No. 1); and this civil action be removed 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 ORDERS that Plaintiff’s Complaint (ECF No. 2) be DISMISSED, with prejudice; that the Application to Proceed Without Prepayment of Fees and Costs be DENIED, as moot (ECF No. 1); and this civil action be REMOVED from the docket of the Court, consistent with the findings and recommendations. Dockets.Justia.com The Court DIRECTS the Clerk to forward copies of this written opinion and order to all counsel of record, and any unrepresented parties. ENTER: August 24, 2018 ROBERT C. CHAMBERS UNITED STATES DISTRICT JUDGE -2-

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