Stohl v. Eastern Regional Jail, et al, No. 1:2014cv00109 - Document 82 (N.D.W. Va. 2015)

Court Description: MEMORANDUM OPINION AND ORDER REJECTING REPORT AND RECOMMENDATION AND GRANTING DEFENDANTS' MOTION TO DISMISS THE AMENDED COMPLAINT: It is ORDERED that the 79 Report and Recommendation is ADOPTED IN PART and REJECTED IN PART; 31 Motion to Dismiss is DENIED AS MOOT; 58 Motion to Dismiss, Motion for Summary Judgment is GRANTED; Defendants' Motion to Withdraw their argument that Stohl failed to provide proper pre-suit notice is GRANTED; the Defendant Eastern Regional Jail is DISM ISSED WITH PREJUDICE; and the remaining Defendants are DISMISSED WITHOUT PREJUDICE. The Clerk is DIRECTED to enter a separate judgment order. Signed by District Judge Irene M. Keeley on 9/8/15. (Attachments: # 1 Certified Mail Return Receipt)(copy Plaintiff)(cnd)