Poindexter v. Jividen et al, No. 3:2018cv01511 - Document 78 (S.D.W. Va. 2019)
Court Description: MEMORANDUM OPINION AND ORDER accepting and incorporating the 76 Proposed Findings and Recommendations by Magistrate Judge Eifert; granting Defendants' 17 MOTION for Partial Dismissal; granting Defendant West Virginia Division of Corrections& #039; 19 MOTION to Dismiss; dismissing the West Virginia Division of Corrections and Rehabilitation as a party to this action; removing the West Virginia Regional Jail Authority/DOC from the style of the case; and allowing Plaintiff to continue discovery on the remaining claims raised in the 37 Amended Complaint. Signed by Judge Robert C. Chambers on 12/4/2019. (cc: counsel of record; any unrepresented parties) (jsa)
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Poindexter v. Jividen et al Doc. 78 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA HUNTINGTON DIVISION JASON POINDEXTER, Plaintiff, v. CIVIL ACTION NO. 3:18-1511 WEST VIRGINIA REGIONAL JAIL AUTHORITY/DOC; BETSY JIVIDEN, Commissioner of the West Virginia Division of Corrections; WESTERN REGIONAL JAIL; JOHN DOE, Administrator; MAJOR BERRY; SGT. DIAMOND; and CORRECTIONAL OFFICER 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 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’ Motion for Partial Dismissal (ECF No. 17); grant Defendant West Virginia Division of Corrections’ Motion to Dismiss (ECF No. 19); dismiss the West Virginia Division of Corrections and Rehabilitation as a party to this action; remove the West Virginia Regional Jail Authority/DOC from the style of the case; and allow Plaintiff to continue discovery on the remaining claims raised in the amended complaint. Neither party has filed objections to the Magistrate Judge’s findings and recommendations. Dockets.Justia.com Accordingly, the Court accepts and incorporates herein the findings and recommendations of the Magistrate Judge and GRANTS Defendants’ Motion for Partial Dismissal (ECF No. 17); GRANTS Defendant West Virginia Division of Corrections’ Motion to Dismiss (ECF No. 19); DISMISSES the West Virginia Division of Corrections and Rehabilitation as a party to this action; REMOVES the West Virginia Regional Jail Authority/DOC from the style of the case; and allows Plaintiff to continue discovery on the remaining claims raised in the amended, complaint 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: December 4, 2019 ROBERT C. CHAMBERS UNITED STATES DISTRICT JUDGE -2-
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