Whitmore v. Western Regional Jail et al, No. 3:2018cv01483 - Document 50 (S.D.W. Va. 2019)
Court Description: MEMORANDUM OPINION AND ORDER accepting and incorporating the 46 Proposed Findings and Recommendations by Magistrate Judge Eifert; granting Defendants' 21 , 30 , 36 , 39 , and 41 motions to dismiss; dismissing the 3 Complaint in its en tirety; and removing this matter from the docket of the Court; further dismissing Defendant Sergeant Franklin and, as a result, denying his 48 Motion to Dismiss as moot. Signed by Judge Robert C. Chambers on 8/7/2019. (cc: counsel of record; any unrepresented parties) (jsa)
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Whitmore v. Western Regional Jail et al Doc. 50 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA HUNTINGTON DIVISION ZACHARY WHITMORE, Plaintiff, v. CIVIL ACTION NO. 3:18-1483 WESTERN REGIONAL JAIL, 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 recommendations 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 Defendants’ motions to dismiss (ECF Nos. 21, 30, 36, 39, 41); dismiss the Complaint in its entirety, with prejudice (ECF No. 3); and remove this mater 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 recommendations of the Magistrate Judge and GRANTS Defendants’ motions to dismiss (ECF Nos. 21, 30, 36, 39, 41); DISMISSES the Complaint in its entirety, with prejudice (ECF No. 3); and REMOVES this matter from the docket of the Court, consistent with the findings and recommendations. Although the Magistrate Judge fully addressed Defendant Sergeant Franklin’s status in the findings and recommendations, Defendant Franklin filed a Motion to Dismiss. ECF No. 48. The Court Dockets.Justia.com DISMISSES Defendant Sergeant Franklin and, as a result, DENIES his Motion to Dismiss as moot. The Court DIRECTS the Clerk to send a copy of this Order to counsel of record and any unrepresented parties. ENTER: August 7, 2019 ROBERT C. CHAMBERS UNITED STATES DISTRICT JUDGE -2-
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