Thomas v. Department of Corrections et al, No. 2:2009cv00824 - Document 32 (S.D.W. Va. 2010)
Court Description: MEMORANDUM OPINION AND ORDER adopting the Magistrate Judge's 25 Proposed Findings and Recommendation; and granting the defendants' 21 Motion to Dismiss. Signed by Judge Joseph R. Goodwin on 5/27/2010. (cc: Magistrate Judge Stanley; attys; any unrepresented party) (taq)
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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA CHARLESTON DIVISION SOCRATES SPIROS THOMAS, Plaintiff, v. CIVIL ACTION NO. 2:09-cv-00824 JANET PAYNE, et al., Defendants. MEMORANDUM OPINION AND ORDER Pending before the court is the defendants Motion to Dismiss Complaint [Docket 21]. Pursuant to 28 U.S.C. ยง 636(b)(1)(B), this civil case was referred to the Honorable Mary E. Stanley, United States Magistrate Judge, for proposed findings of fact and recommendations for disposition. On April 12, 2010, the Magistrate Judge submitted proposed findings and recommended that the court grant the motion to dismiss. On May 26, 2010, the plaintiff filed timely objections to the proposed findings and recommendations ( PF&R ). The court has reviewed de novo those portions of the PF&R to which the plaintiff objects and FINDS the objections are without merit. The court ADOPTS the Magistrate Judge s proposed findings, and GRANTS the defendants Motion to Dismiss [Docket 21]. The court DIRECTS the Clerk to send a copy of this Order to Magistrate Judge Stanley, counsel of record, and any unrepresented party. ENTER: May 27, 2010
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