Short v. Greene et al, No. 2:2007cv00968 - Document 85 (S.D.W. Va. 2009)
Court Description: MEMORANDUM OPINION AND ORDER adopting and incorporating the 81 Proposed Findings and Recommendation; granting Cathy Booth's 76 Motion to dismiss the 72 second amended complaint or, in the alternative, for summary judgment, insofar as it se eks summary judgment and denying as moot said motion in all other respects; defendant Booth is dismissed with prejudice from this action. Signed by Judge John T. Copenhaver, Jr. on 10/30/2009. (cc: pro se plaintiff; attys; United States Magistrate Judge) (taq)
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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF WEST VIRGINIA AT CHARLESTON HARVEY P. SHORT, Plaintiff, v. Civil Action No. 2:07-00968 VICKIE GREENE, Jail Administrator, and LIEUTENANT HARVEY and SERGEANT CARTER and OFFICER FRYE and OFFICER COOK and CORPORAL KILLEN, II, and OFFICER FERRELL and CORPORAL BROWSER and OFFICER HUGHES (the small Hughes), and JOHN DOE I and JOHN DOE II and NURSE CATHY BOOTH, Defendants. MEMORANDUM OPINION AND ORDER Pending is defendant Cathy Booth s motion to dismiss the second amended complaint or, in the alternative, for summary judgment, filed June 12, 2009. This action was previously referred to Mary E. Stanley, United States Magistrate Judge, who has submitted her Proposed Findings and Recommendation pursuant to the provisions of 28 U.S.C. ยง 636(b)(1)(B). The court has reviewed the proposed findings and recommendation entered by the magistrate judge on October 5, 2009. The magistrate judge recommends that defendant Booth s motion be granted. On October 13, 2009, plaintiff objected. The substance of those objections, however, have been addressed within the proposed findings and recommendation. The objections are not meritorious. The court, accordingly, ORDERS that the proposed findings and recommendation be, and it hereby is, adopted and incorporated herein. 1. It is further ORDERED as follows: That defendant Booth s dispositive motion be, and it hereby is, granted insofar as it seeks summary judgment and denied as moot in all other respects; and 2. That defendant Booth be, and she hereby is, dismissed with prejudice from this action. The Clerk is directed to forward copies of this written opinion and order to the pro se plaintiff, all counsel of record, and the United States Magistrate Judge. DATED: October 30, 2009 John T. Copenhaver, Jr. United States District Judge 2
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