Johnson v. Roberts et al, No. 2:2009cv00901 - Document 31 (S.D.W. Va. 2010)

Court Description: MEMORANDUM OPINION AND ORDER adopting and incorporating the 27 Proposed Findings and Recommendation; granting defendants' 18 Motion to Dismiss; and dismissing and striking this case from the docket. Signed by Judge Joseph R. Goodwin on 8/24/2010. (cc: Magistrate Judge Stanley; plaintiff; attys; any unrepresented party) (taq)

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Johnson v. Roberts et al Doc. 31 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA CHARLESTON DIVISION CHARLES JOHNSON, Plaintiff, v. CIVIL ACTION NO. 2:09-cv-00901 NAOMI ROBERTS, et al., Defendants. MEMORANDUM OPINION AND ORDER Pending before the court is the defendants’ Motion to Dismiss [Docket 18]. This case was referred to the Honorable Mary E. Stanley, United States Magistrate Judge, for submission to this court of proposed findings of fact and recommendation 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 the defendants’ Motion to Dismiss. The plaintiff timely filed written objections to the Magistrate Judge’s findings of fact and recommendation. Having reviewed the petitioner’s objections de novo, the court FINDS that they are without merit. Accordingly, the court ADOPTS and incorporates herein the findings and recommendation of the Magistrate Judge, and GRANTS the Motion to Dismiss. The Motion to Dismiss [Docket 18] is GRANTED. This case shall be DISMISSED and STRICKEN from the docket. The court DIRECTS the Clerk to send a certified copy of this Order to Magistrate Judge Stanley, counsel of record, and any unrepresented party. Dockets.Justia.com ENTER: -2- August 24, 2010

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